The new FIDIC White Book: what you need to know
FIDIC has now published the 5th Edition of its Client/Consultant
Model Services Agreement (the White Book). This supersedes the 2006
version which although used on many projects in the Middle East
region, has never achieved the popularity of the FIDIC Red Book
(used for construction contracts with client design). Part of
the reason for the more limited uptake of the old White Book is
perhaps the perception by clients that its terms are far too
favourable to consultants. Clients often prefer their own
bespoke contracts to having to make extensive amendments to the old
White Book.
Broadly speaking, the new White Book has retained the same
format but has received a comprehensive update. Provisions
dealing with variations, force majeure, intellectual property and
termination have been expanded and significantly clarified.