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| FIDIC MDB Harmonised Construction Contract |
| Simmons and Simmons, UK, newsletter October 2006 |
The FIDIC Rainbow suite of contracts for International
Engineering Works was published in 1999. A number of the Multilateral
Development banks (MDBs) have now resolved to harmonise their tender
documents on an international basis. In May 2005, they produced a special
edition of the 1999 Red Book (Employer's Design) with an amended version
being released in March 2006. The contract is available as a free download
on the FIDIC
web site, where copyright conditions are explained. Some of the
principal changes to the Red Book are listed below. First, those which tend
to favour the Employer:
Some amendments which are generally more favourable to the Contractor are as follows:
It is not clear whether these amendments will eventually be subsumed into a new edition of the Red Book and in some cases (for example the provisions on payment following the Bank's suspension) the ultimate beneficiary is likely to be the Bank itself. However, whilst there is some scope for flexibility referred to in the notes as to Particular Conditions, it is likely that in the future all MDB-funded contracts will contain substantially or entirely the revised conditions now introduced and parties will need to price accordingly for the revised distribution of risk. |
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