Kaleidoscope: All Change in Domestic and International Forms

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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: 
September 2018, printed and online, 1MB

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