This article was prepared some months ago after a number of papers had appeared in this Review and in certain other publications which were generally negative to FIDIC’s “Silver Book”1 and contained some disparaging and unfounded remarks. However, the author is gratified to note that since then several positive articles, giving a much more balanced and sound commentary on the Silver Book, have made their appearance. Among these may be mentioned the useful and constructive article in the April 2001 issue of this Review by Jeffrey Delmon and John Scriven, entitled “A Contractor’s View of EOT Projects and the FIDIC Silver Book”.

Certain recent articles written by contractors and lawyers have criticised FIDIC’s so-called Silver Book. It is felt that much of the criticism has been biased and generally unfounded. While constructive criticism is always welcome, it is disappointing to read—in distinguished publications such as ICLR and from lawyers, who as a profession are trained to read “fine print”—the misconceptions and misguidance that some of these articles have displayed. For example, much of the flak directed recently at the Silver Book concerns problems that may arise when using the Silver Book on projects for which FIDIC has indicated it is not suitable, and for uses for which FIDIC has not recommended it. FIDIC cannot of course, be answerable to employers or contractors, or both, who do not observe the instructions and guidance notes for the use of its forms.