As the Silver Book.2 Reference was also made to the ICC Model Contract when Contract for EPC Turnkey Projects (Silver Book)), obtainable via Appendix 3. FIDIC (Silver Book) Conditions of. Contract for EPC Turnkey Projects*. Subclause 20 – Claims, Dispute and Arbitration. Contractor's Claims. Uploaded by. virtech · 03 Fidic EPC & Turn Key, Silver Book, Uploaded by. Emmanuel Mends Fynn · Introduction to FIDIC Suite of Contracts. Uploaded by.


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However, the changes do provide some welcome clarity on certain provisions and they also represent some procedural and administrative modifications which the contracting silver book fidic will need to be aware of if they choose to use the new editions.

The other theme that presents itself in silver book fidic changes is the presence of increased reciprocity in the rights and duties of both parties. We discuss these in the attached article but some headline examples include: Accordingly, we have summarised the below changes as being relevant to parties considering using the new template.

Introduction To FIDIC Silver Book - Real Estate and Construction - Italy

FIDIC say the intention is to make clear that it applies more generally and not just to the indemnities. There are additional carve outs from the exclusion of liability for consequential loss although in our experience, silver book fidic counterparties have been making, and continue to make, amendments to cover these positions in any event.

The new liability clauses do not, in our view, shed any light on this subject and hence this may remain a topic for further discussion. Generally silver book fidic project finance transactions, these requirements have been deleted or scaled back: Taking into account that the lenders will have undertaken extensive financial due diligence, the need for such provisions has been typically considered unnecessary.

The provisions in Sub-Clause 16 allowing the Contractor to suspend performance of the Works and then terminate for non-compliance with Sub-Clause 2. We believe that in project finance transactions however, lenders and sponsors will continue to require such provisions to be removed.

This is backed up by an indemnity in Sub-Clause This means the Contractor is required to indemnify the Employer for the Works or any substantive part thereof, not being fit for purpose. Whilst at first sight this appears to be a very Employer-friendly addition, it has to be viewed in light of the fact that the drafting includes an exclusion of liability for indirect and consequential losses and any liability under this Sub-Clause will fall within the cap on liability — both of which will curtail some of the benefit that the indemnity would otherwise afford.

Nonetheless, this is likely to be a key area silver book fidic concern for contractors who are required to accept this clause. In addition, the fact that most EPC contracts in a project finance context normally have provisions stating that indemnities fall outside the cap on liability and silver book fidic exclusion of liability for indirect and consequential losses, means this provision may be additionally problematic for contractors.

In addition, bespoke conditions of contract usually sanction the Contractor if it fails to increase the value of the performance security, and the new Silver Book does not cover this aspect.

EPC/Turnkey Contract 2nd Ed (2017 Silver Book)

However, it is useful to see that the new edition has at least captured the key principle. The new position is that the Contractor is deemed to be satisfied silver book fidic the access routes as at the Base Date and if there are changes to the same after the Base Date, then this will entitle the Contractor to an extension of time and cost.

This will be problematic for Employers who often do not have absolute control over the silver book fidic routes.

Project finance transactions will likely seek to revert to the position that the access routes are a matter for the Contractor only, and a normal aspect of doing business which must be managed by the Silver book fidic.

The contract sets out more detail as to what each programme must show including, for example, links between activities and critical path items.

  • EPC/Turnkey Contract 2nd Ed ( Silver Book) | International Federation of Consulting Engineers
  • Trinity LLP The FIDIC Silver Book – Impact for Project Financed EPC contracts – summary
  • The FIDIC Silver Book – Impact for Project Financed EPC contracts – a detailed analysis
  • The FIDIC Silver Book – Impact for Project Financed EPC contracts – summary
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silver book fidic There is also a new requirement in Sub-Clause 9. Although not in itself particularly onerous, it is clearly a step designed with the overall intention to avoid disputes in mind.

There is, however, additional drafting that provides that where a delay is caused by matters for which the Employer is responsible silver book fidic are concurrent with delays caused by the Contractor, then they need to be dealt with under the Particular Conditions.

The discussion around concurrent delay in construction contracts is extensive and it is questionable whether this wording clarifies or just adds to the uncertainty in this area.


It is likely that Employers in particular may look to exclude this drafting accordingly. This mirrors the silver book fidic in the provisions dealing with carve outs from the caps on overall liability.

It is to be noted that in most contracts where performance parameters need to be measured and specific levels achieved in order for Taking Over to occur typically power projects and some process plantsthese types of provisions are already added to the base FIDIC clauses.

Indeed, participants in such sectors will likely have forms of wording with which they are already comfortable, and which are often more intricate than the new drafting proposed in the Silver Book. Sub-Clause 13 — the change in law provisions remain but with a number of alterations relating to events that now constitute a Change in Law such as changes in permit requirements.