Fidic Client Consultant Model Services Agreement 2017 Pdf -
Note: There is no legally free version of the 2017 White Book. FIDIC does not release these contracts into the public domain.
If negotiations fail, disputes are referred to a single adjudicator or an adjudication panel for a rapid, binding decision.
: The boilerplate, standard legal text that should not be amended directly.
Outlines clear procedures for notification, mitigation, and entitlement to extensions of time.
| Clause | Issue | What to Check | | :--- | :--- | :--- | | | Standard of Care | Is it "skill & care" or "fitness for purpose"? (Avoid fitness for purpose for consultants). | | 7.6 | Liability Cap | Is the cap reasonable (e.g., 5x fee or fixed sum) and mutual? | | 7.7 | Indemnity | Is it limited to negligence, or does it require indemnity for "any loss"? | | 9.9 | Withholding | Can the Client withhold payment for disputed services? | | 10.2 | Intellectual Property | Who owns the designs? (Standard: Consultant retains IP, Client gets license). | fidic client consultant model services agreement 2017 pdf
Users should note that in some jurisdictions, the mandatory adjudication step may be modified or deleted by agreement in the Particular Conditions.
Persistent non-payment gives the Consultant the explicit right to suspend services after giving a contractually mandated notice period. 4. Liability, Indemnity, and Insurance (Clause 6 & 8)
FIDIC Client/Consultant Model Services Agreement (5th Edition, 2017) , commonly known as the White Book
If youI can help by , comparing the 2017 edition to the 2006 version , or explaining insurance alignment strategy . Share public link Note: There is no legally free version of
Changes to infrastructure projects are inevitable. The 2017 White Book introduces a highly structured variation procedure.
The drafters stopped short of including a “fitness for purpose” warranty. This is a deliberate distinction: FIDIC considers that a consultant should not normally give the same strict warranty as a contractor who undertakes design‑and‑build works.
The FIDIC Client-Consultant Model Services Agreement is a standard document that outlines the terms and conditions of the services provided by a consultant to a client. The agreement is designed to be used in a variety of situations, including construction, engineering, and infrastructure projects. It provides a framework for the provision of services, including the scope of work, payment terms, and dispute resolution procedures.
| Feature | | FIDIC Red/Yellow/Silver Books | | :--- | :--- | :--- | | Parties to the Contract | Client and Consultant (professional service provider). | Employer and Contractor (who performs the physical construction works). | | Subject of Contract | Provision of services (e.g., design, feasibility study, supervision). | Execution of physical works (e.g., building a bridge, installing a plant). | | Use Case | To appoint an engineer, architect, or project manager. | To build a highway (Red Book), a power plant (Yellow Book), or an EPC/Turnkey project (Silver Book). | : The boilerplate, standard legal text that should
The 2017 version of the FIDIC Client-Consultant Model Services Agreement includes several key features that are designed to provide clarity and certainty for both clients and consultants. Some of the key features include:
The dispute resolution provisions of the 2017 White Book now include as a mandatory step before arbitration. If a dispute cannot be resolved amicably, it must first be referred to adjudication. The adjudicator has 56 days to issue a decision, and unless a party objects within 28 days, that decision becomes final and binding.
The 2017 edition places a high emphasis on the limitation of liability. It generally sets a cap on the consultant’s total liability to the client, often linked to the fee paid or a pre-agreed sum. C. Remuneration and Payment (Clause 5)