MOSENABRE, JEA E.

May 16, 2021

BSCE-5A
CE-LAWS
Pre-Test 10

Discuss briefly your understanding of FIDIC (The Red Book).

The FIDIC which stands for a French language acronym “Fédération Internationale Des
Ingénieurs-Conseils”, which means the international federation of consulting engineers. FIDIC
aims to published its first contract, titled The Form of contract for works of Civil Engineering
construction, in 1957. As the title indicated, this first contract was aimed at the Civil Engineering
sector and it soon became known for the color of its cover, and thus, “The Red Book”.
FIDIC (The Red Book) contains about Right Access to Site, in which sub-clause refers not only
to the Contractor’s Right of Access to the Site, but also to his right to take possession of the
Site. It is intended that the relevant dates for taking possession are to be given in the Appendix
to the Tender. If no date(s) is given in the Appendix to the Tender, then the Employer shall
provide access to and possession of the Site in accordance with the requirements of the
program that the Contractor is required to submit in accordance with the provisions of Sub-
Clause 8.3. The Red Book has old and new forms of contract. The old ones are about contracts
were aimed at the civil engineering sector, as differentiated from the mechanical/electrical
engineering sector. The new ones are about contracts that the majority of design rests with the
Employer. FIDIC is usually divided in two parts: Part I consisting of the general conditions and
Part II concerning the conditions of particular application (including guidelines for the
preparation of Part II clauses). Part I contains the general terms of the contract, such issues as
rights and obligations of each party, procedure for payment, variation, certification and dispute
resolution. Part II of the contract is the conditions of particular application and is to be used to
introduce project specific clauses, such as language of the contract, choice of law, the name of
the person or firm appointed to act as Engineer or Employers representative for the project
among other terms. The Appendix usually contains sample of documents to be used for the
procurement process. The FIDIC (the Red Book) contains also about the Contractor is entitled to
keep confidential anything considered a trade secret, but is required to provide sufficient
information to verify compliance with the Contract and to comply with the laws of the country
of execution. The Employer is responsible to ensure that his personnel support the Contractor’s
efforts in respect of general cooperation and specifically Safety Procedures and Protection of
Environment.