UNDERSTANDING THE NEW FIDIC RED BOOK A CLAUSE-BY-CLAUSE COMMENTARY ah a3 q | Jeremy Glover and Simon Hughes with an introduction by Christopher Thomas QCUNDERSTANDING THE: NEW FIDIC RED BOOK A CLAUSE-BY-CLAUSE COMMENTARY This major new text provides authoritative and practical guidance on the new FIDIC _ Red Book. Each clause of the contract is reproduced in full followed by an initial overview of key features and a detailed commentary. Through that commentary this work provides: A comparison of the new contract with previous versions of the FIDIC Red Book and other widely used standard contracts '® Citation of court decisions in different jurisdictions and articles of distinguished legal commentators Commentary on the Multilateral Development Bank (MDB) harmonised version Jeremy Glover is a partner at Fenwick Elliott, the UK largest specialist construction law firm. He has a wealth of experience advising on construction, engineering and energy projects from their inception to the ultimate resolution of any disputes. That experience ranges from small domestic contracts to major international projects in the Caribbean, Europe, North Africa and Asia, He is also the co-editor of Building Contract Disputes: Practice and Precedents Simon Hughes, a Member of Keating Chambers since 1996, has acquired an impressive practice acting in a large number of substantial high profile disputes in the United Kingdom and abroad. Simon has been involved in disputes involving most standard form contracts used for substantial projects including the JCT standard forms, FIDIC forms and derivative standard form agreements. Christopher Thomas QC has built an impressive reputation as an advocate and arbitrator on construction and engineering disputes. Christopher has been’ particularly active in domestic and international arbitrations involving major construction and heavy engineering disputes. He is a Fellow of the Chartered Institute of Arbitrators and is regularly appointed as arbitrator by various bodies such as the International Chamber of Commerce (ICC) and the London Court of International Arbitration (LCIA). ISBN 0-421-91590-0CONTENTS Foreword Introduction Further Reading Acknowledgements Table of cases Table of statutes CLAUSE 1 - GENERAL PROVISIONS. LI Definitions 1.2 Interpretation ‘Communications 14 — Lawand Language 1.5 Priority of Documents 1.6 Contract Agreement 1.7 Assignment 1.8 — Care and Supply of Documents 1.9 Delayed Drawings of Instructions 1.10 Employer’s Use of Contractor's Documents L11 Contractor's Use of Employer's Documents, 1.12 Confidential Details 1.13 Compliance with Laws 1.14 Joint and Several Liability 1.15 Inspections and Audit by the Bank CLAUSE 2- THE EMPLOYER 21 Right of Access to the Site 2.2 Permits, Licenses or Approvals 23 Employer's Personnel 2.4 Employer's Financial Arrangements 25 Employer's Claims CLAUSE 3 ~ THE ENGINEER 3.1 Engineer's Duties and Authority 3.2 Delegation by the Engineer 33 Instructions of the Enginecr 34 Replacement of the Engineer 35 Determinations 3.6 Management Meetings 1-001 1-047 L032 1-061 1-066 L071 1-075 L079 1-083 1-087 1-092, 1-096 1-101 1-105 1-109 2-001 2-012 2-020 2-029 2-037