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International Construction Law Review

THE SILVER BOOK: AN UNFORTUNATE SHIFT FROM FIDIC’S TRADITION OF BEING EVENHANDED AND OF FOCUSING ON THE BEST INTERESTS OF THE PROJECT

A H GAEDE, JR

Partner and Chair of Executive Committee, Bradley Arant Rose & White LLP, Birmingham, Huntsville, and Montgomery, Alabama, USA, and Washington, DC

Edward Corbett, in a recent article for The International Construction Law Review, observed:
“It is clear that the Silver Book [then in its Test Edition] will receive a rocky reception from some quarters and changes will no doubt be made to address the legitimate concerns being raised.”1
In this article, the author joins the “rocky chorus” and hopefully raises some legitimate concerns that will, in due course, be addressed by The International Federation of Consulting Engineers (FIDIC).
There have been sufficient articles that have commented on the common formatting developed for the new FIDIC forms.2 Also, there have been several articles which have addressed, in general, the relationship between the three design-build forms:3 the Orange Book,4 the new Yellow Book,5 and the brand new Silver Book.6 It is not the purpose of this article to rehash the common format and the relationship between the three forms.
For this article, the more important and unsettling common thrusts of the new FIDIC forms are the shifting of risks to the Contractor and the failure to focus on the best interests of the project. The shifting of risks is somewhat subtle in the new Red and Yellow Books, but is not at all subtle in the Silver


[2000
The International Construction Law Review

478

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