International Construction Law Review
THE FIDIC RED BOOK “HARMONISED VERSION” AS A VARIATION OF THE FIDIC RED BOOK 1999 AND THE STANDARD BIDDING FORMULAS OF THE WORLD BANK BIDDING DOCUMENTS 2005
DR GöTZ SEBASTIAN HöK1
Dr Hök, Stieglmeier and Colleagues
WITH THE FRIENDLY SUPPORT OF ANDRé JAHN LL M AND ROBERT LEADBEATER LL B
It might be recalled that FIDIC2
published four new standard contract forms in the year 1999.3
One of them was the so-called “Red Book 1999” whose aim was to replace the previous “Red Book 1987”. The Red Book is a standard contract agreement for large construction projects which are designed by the employer. It is a measurement contract meaning that the price is evaluated upon a per unit basis.4
However, the World Bank especially still favoured the Red Book 1987 in its Standard Bidding Documents (SBD), extensively modifying it in its special contract terms.5
Thus, since 1999 both versions of the same regulations, the Red Book 1999 and the Red Book 1987, have been in use. This was certainly not very practicable, because contractors, employers and engineers had to provide knowledge of two different contract forms, especially for claim management procedures.
I. INTRODUCTION
In the meantime the World Bank and other multinational development banks have developed a so-called “harmonised version”6
of the Conditions of Contract for Construction which is based on the Red Book 1999 and was published in May 2005. It is a part of the Standard Bidding Documents for Works (abbreviated SBDW 2005).7
Apart from instructions to bidders
1 The author works in the area of international contracts and construction contracts in the law firm Dr Hök, Stieglmeier and Colleagues and is president of the Eurojuris-Commission “International Litigation”.
2 Federation Internationale des Ingénieurs-Conseils.
3 Red Book, Silver Book, Yellow Book, Green Book, see also: Kus/Markus/Steding [1999] ICLR 533 et seq.
; Mallmann, RIW 2000, 532 et seq.
and Kehlenbach, ZfBR 1999, 291.
4 FIDIC User’s Guide
, 6.
5 See Hök, ZfBR 2004, 731.
6 Sect VII (General Conditions), SBDW 2005.
7 See Hök, ZfBR 2004, 731.
[2006
The International Construction Law Review
406