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ARTICLE · 21 MAY 2013

Perils of the Silver Book: Contractors Beware

The Silver Book was FIDIC's response to market demands for greater risk security and cost and time certainty in construction projects.

South AfricaReal Estate and Construction

Introduction

The Silver Book was FIDIC's response to market demands for greater risk security and cost and time certainty in construction projects. It seeks to mitigate the effects of delays and unexpected costs, and it allocates risk to a single entity, which makes it favourable to Lenders. Although controversial, the Silver Book is now commonly used in project financed construction projects.

The Silver Book has become synonymous with 'power' projects which involve a complex interaction between government, project companies, Lenders and Contractors, as well as the project's long term operation and maintenance. Inflexible budget requirements and a fixation on return on investment have led to a market preference for fixed, lump-sum contract prices that do not increase – even if unexpected circumstances arise, and even if it means an inflated contract price to cover these risks.  The Silver Book is generally perceived as one-sided, and Contractors look  upon it with

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