In December 2017, 18 years after the release of its First Edition Rainbow Suite in 1999, FIDIC published Second Editions of the Red, Yellow and Silver Books as updates to the First Editions. The launch of the Rainbow Suite 2017 was the last important milestone in the development of the international contract for major infrastructure projects worldwide. In addition to improving clarity and a fairer distribution of risks, FIDIC`s other objectives are to promote active project management and promote continuous dispute resolution throughout the duration of the contract and the execution of the work, as well as to promote dispute resolution. The basic FiDIC contracts were presented above: the Red, Yellow and Silver Books in their 1999 Rainbow Suite editions and their 2017 Second Editions. Other FIDIC contracts are identified below. This treatment does not mean that they do not matter – it is the opposite for almost everyone – but that their importance is more specific for a certain type of project or sector. These principles were discussed in more detail at this year`s conference and are now included in the Treaties themselves (in the introduction to special conditions). GC 5.2 has been amended to establish a clearer step-by-step procedure. A careful reading of the changes to the definition of „contractor`s documents“ suggests that the GC could now apply to a wider range of documents. In any case, the procedure continues to be subject to verification by the engineer (if the parties agree in the contract that certain documents must be subject to such verification) and construction will only begin when the engineer does not raise objections (or is not deemed to have been made). The focus on conflict prevention in new contracts was certainly anticipated by gold book, although the guestbook approach to time bars was limited in the 2017 books and the risk allocation regime was not applied at all.
At the conference, some delegates mentioned that the edition of the three new editions has indeed created a gap in the following between the main forms and the Green Paper (which has yet to be updated). Whatever FIDIC users think of the new forms, the reality is that they contain new designs and are much longer than their predecessors. Contracts in 2017 can therefore be slow, with users postponing the transition to large customers. FIDIC argues that, although the new agreements are longer, their provisions are more taken into account, which should lead to fewer disputes. It is important to read the guidelines carefully, as there are some points that need to be carefully considered. On page 35 of the Guidelines, in the section on extending the completion period, the commentary provided encourages, for example, the parties to adopt specific provisions concerning the contractor`s right to an EOT in the event of a simultaneous delay attributable to both parties („. The rules and procedures for assessing the contractor`s right to an EOT, in the event of simultaneity between delays attributable to both parties, are set out in the special provisions. »). .