Kaleidoscope: All Change in Domestic and International Forms

Accessing papers

If you are logged in as a member or a registered academic, you will see a link to download the paper for FREE. The link is just above the Add to Cart button.

If you wish to purchase the paper, you must be logged in first (click here to log in, or click here to register). You will then see the Add to Cart button. You may also have a choice of preferred format if both are available - PDF download costs £3 inc VAT, printed version costs £7.50 inc postage (no VAT). Choosing one or the other changes the price displayed.

When you are ready to check out, use the 'View basket' link in the top left of the website.

Ellis Baker and Professor Anthony Lavers

September 2018

A paper presented to the Society of Construction Law and The Technology and Construction Bar Association at a meeting in London on 5th December 2017.

In this paper Ellis Baker and Anthony Lavers provide a comprehensive review of recent developments in both domestic and international standard form construction contracts. The authors examine the drivers for the new editions and evaluate the extent and impact of the changes made. They consider JCT’s 2016 SBC/Q and DB contracts, NEC4, FAC-1 and the IChemE Silver Book. The paper goes on to focus on the 2017 editions of the FIDIC contracts – the White Book, and separately the new editions of the Red Book, Yellow Book and Silver Book, their launch described as ‘the most important event in international construction law since 1999’.

Introduction – The Domestic Front – JCT 2016 – Payment – Insurance – Third Party Rights – Securities – NEC4 – FAC-1 – Professional Services Contracts – The IChemE Silver Book – FIDIC – The FIDIC White Book 2017 – The White Book’s History – Obligation of Consultant – Variations – Suspension and Termination – Changes to Defined Terms – Scope of Services –The 2007 Editions of the Red, Yellow and Silver Books – The new offering – The Golden Principles – The Major Changes in the 2017 Editions – Product – Risk Allocation – Time – Contract Administration and Claims – Claims Procedure – Dispute avoidance and resolution – Conclusions

The authors: 

Ellis Baker is Partner and Head of the Construction and Engineering Practice Group at White & Case LLP and lead author of ‘FIDIC Contracts: Law & Practice’.

Anthony Lavers is Counsel in the Construction and Engineering Practice Group at White & Case LLP and Visiting Professor of Law at King’s College London. He is co‑author of ‘FIDIC Contracts: Law & Practice’.

Text: 32 pages

Paper number: 
213
September 2018, printed and online, 1MB
£3.00

Our papers

The Society has published nearly 400 papers since 1984. Some are published both in hard copy and electronically (numbered), others in electronic format only (number prefixed 'D'). The hard copy papers can be purchased (except those marked with an asterisk which are no longer available). They are all also available as PDF files to download.

Those available as downloads can be accessed free by members and registered academics (students and staff) - if logged in, they will see a link to the file just above the Add to Cart button on each paper's page. Others can purchase the PDF file for a cost of £3.00. Note that this sum includes VAT, since VAT is chargeable on digital files.

For further instructions on downloading, click here. The PDF file will only open on your computer if you have Adobe Acrobat installed (to obtain a free copy, click here). To save the paper to your computer, choose the 'save' icon on the Acrobat toolbar before opening the paper.

For personal use only

The papers on this website are for use by SCL members (and those who pay for them) only, and papers may be downloaded, printed and/or otherwise retained for that purpose only by members of the SCL (and those who purchase them).  The availability of all papers past and present represents a significant benefit to members of SCL and wider dissemination of SCL papers dilutes that to the detriment of the membership.  Further and more importantly, copyright in the papers belongs jointly to the writers of the paper and to the SCL, and the SCL is not therefore in a position to provide any wider licence.  Accordingly the SCL asks members and those who purchase papers not to disseminate papers more widely than their licence allows (e.g. by posting them on internal legal resource intranet databases and the like). 

Feedback