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FIDIC Pink Book 2017: The Ultimate Guide to the MDB Harmonised Construction Contract PDF





















Table 2: Article with HTML formatting ------------------------------------ FIDIC Pink Book 2017: What You Need to Know




If you are involved in a construction project that is financed by a multilateral development bank (MDB), you may have heard of or used a contract form called FIDIC Pink Book. But what exactly is FIDIC, what is the Pink Book, and why is it important for your project? In this article, we will answer these questions and more, and provide you with some useful tips and resources on how to download, use, and benefit from FID IC Pink Book 2017.


What is FIDIC?




FIDIC stands for Fédération Internationale des Ingénieurs-Conseils, or the International Federation of Consulting Engineers. It is a global organization that represents the interests of the engineering and construction industry, and promotes best practices and standards for project delivery and management. FIDIC was founded in 1913, and has members from over 100 countries.




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One of the main roles of FIDIC is to develop and publish standard forms of contract for the construction industry, which are widely used and recognized around the world. These contracts cover various types of projects, such as civil engineering, building, plant, design-build, turnkey, and operation and maintenance. Some of the benefits of using FIDIC contracts are:


  • They provide a clear and balanced allocation of risks and responsibilities between the parties.



  • They reflect the current international best practices and legal developments.



  • They facilitate the communication and cooperation between the parties.



  • They reduce the potential for disputes and delays.



  • They enhance the quality and efficiency of the project delivery.



What is the Pink Book?




The Pink Book is a form of contract used by MDBs for construction projects that they finance. MDBs are international institutions that provide financial support and technical assistance to developing countries for economic and social development. Some examples of MDBs are:


  • The World Bank Group



  • The Asian Development Bank



  • The African Development Bank



  • The Inter-American Development Bank



  • The European Bank for Reconstruction and Development



The Pink Book is based on the 1999 FIDIC Red Book, which is a form of contract for construction works where the design is provided by the Employer. However, the Pink Book has some modifications to suit the MDBs' requirements, such as:


  • The inclusion of a preamble that sets out the general conditions of contract.



  • The addition of a guidance note that explains how to use and adapt the Pink Book.



  • The incorporation of some clauses from other FIDIC contracts, such as the Silver Book (for turnkey projects) and the Gold Book (for design-build-operate projects).



  • The revision of some clauses to reflect the MDBs' policies and procedures, such as those related to procurement, environmental and social safeguards, anti-corruption, and dispute resolution.



What are the main features of the Pink Book?


The Pink Book has some distinctive features that differentiate it from the 1999 Red Book and other FIDIC contracts. Some of these features are:


The role and powers of the Engineer




The Engineer is a person or entity appointed by the Employer to act as its representative and to administer the contract. The Engineer has various duties and powers, such as:


  • Issuing instructions, variations, and certificates.



  • Approving drawings, designs, materials, and works.



  • Determining the contract price and payments.



  • Assessing claims and extensions of time.



  • Inspecting and testing the works.



  • Resolving disputes by giving determinations.



The Pink Book gives more authority and discretion to the Engineer than the 1999 Red Book, especially in relation to claims and disputes. The Engineer is required to act impartially and fairly when giving determinations, and to consult with both parties before doing so. The Engineer's determinations are binding on both parties, unless they are disputed within a specified time limit. The Engineer also has the power to initiate variations, subject to the Employer's approval.


The dispute avoidance/adjudication board (DAAB)




The DAAB is a panel of one or three independent experts appointed by the parties to assist them in avoiding or resolving disputes. The DAAB has two main functions:


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  • To provide informal assistance and advice to the parties upon their request, with the aim of preventing disputes from escalating.



  • To give decisions on any disputes referred to it by either party, which are binding unless they are challenged by arbitration or amicable settlement.



The Pink Book requires the parties to establish a DAAB at the commencement of the contract, and to pay its fees and expenses equally. The DAAB is expected to visit the site regularly, and to maintain contact with the parties and the Engineer. The DAAB's decisions are final and conclusive, unless they are disputed within 28 days. If a party fails to comply with a DAAB's decision, the other party may refer the matter to arbitration.


The procedures for claims and disputes


The Pink Book has a detailed and comprehensive procedure for dealing with claims and disputes, which involves the following steps:


  • The party making a claim (the Claimant) must give notice to the other party (the Respondent) and the Engineer as soon as practicable, and no later than 28 days after becoming aware of the event or circumstance giving rise to the claim.



  • The Claimant must submit a fully detailed claim to the Engineer within 42 days after giving notice, or within such other period as may be agreed or determined by the Engineer.



  • The Engineer must respond to the claim within 42 days after receiving it, or within such other period as may be agreed or determined by the DAAB. The Engineer may request further information or clarification from the Claimant, or consult with the parties and the DAAB, before giving a response.



  • If the Claimant is dissatisfied with the Engineer's response, or if the Engineer fails to respond within the time limit, the Claimant may refer the dispute to the DAAB within 42 days after receiving or expecting the Engineer's response.



  • The DAAB must give its decision on the dispute within 84 days after receiving the referral, or within such other period as may be agreed by the parties. The DAAB may conduct hearings, site visits, or expert consultations, as it deems appropriate.



  • If either party is dissatisfied with the DAAB's decision, or if either party fails to comply with it, that party may give notice of its intention to commence arbitration within 28 days after receiving or expecting the DAAB's decision.



The arbitration shall be conducted in accordance with the rules of arbitration of the International Chamber of Commerce (ICC), unless otherwise agreed by the parties. The arbitr


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