FIDIC 1999 (Yellow Book) - Introduction

A proper understanding of the purpose and intention of the Yellow Book, as well as a grasp of the Conditions and Forms within it, is essential for parties and professionals involved in the administration of internationally procured civil engineering contracts. The purpose of this training course is to provide those parties and professionals with the necessary information and background to enable them to effectively carry out their duties under the Yellow Book. Some informal discussion sessions and case studies are built into the programme to assist delegates to appreciate the importance of the proper use of the Yellow Book

On completion of this course, delegates will have a good grip of the important provisions of the Yellow Book, particularly those relating to payment, Variations, claims and disputes. The course content will examine all aspects of administration of the Contract from formation through to the end of the Defects Notification Period.

In particular, it will enable delegates to:

• Define the options available when receiving instructions from the Engineer in regard to the Commencement Date, Variations and Unforeseeable ground conditions
• Understand the important matter of Contractor’s design responsibility and its consequences
• Define individual responsibilities when work is in progress, and when work may be suspended
• List the considerations necessary when preparing programmes, monthly reports and claims
• Determine how to select the best means of resolving disputes
• Avoid pitfalls when giving notices and particulars of claims
• Apply the skills required to present claims and dispute references
• State the benefits of good records

• Introduction to the purpose and structure of Yellow Book
• Overview of Conditions
• Forms and other documents
• Background and parties: Clauses 1 to 4
• Contractor’s design: Clause 5
• Contractor’s resources: Clause 6 and 7
• Commencement, delays and suspension: Clause 8
• On and after completion and testing: Clauses 9 to 12
• Variations and payment: Clauses 13 and 14
• Risks and remedies, including termination, suspension and insurances: Clauses 15 to 19
• Claims, Disputes and Arbitration: Clause 20

There will be an analysis of the most important Clauses, with each delegate asked to explain what he/she thinks they mean as we proceed. Attendance at the course will be an opportunity to engage in an interactive day which will provide plenty of interest and some fun along the way

There will be case studies and the opportunity to discuss and debate them and appreciate that sometimes there is more than one way of addressing situations. It will not be a seminar or presentation by PowerPoint.

Any party to a Contract let under the Yellow Book, and for all levels of personnel including the Employer’s and Contractor’s Representatives, the Engineer and their assistants.

It will be helpful to bring a copy of the Yellow Book and can have at least had a preliminary look at the structure of it. It is not necessary to have read a text book on it