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TFFC22 06/04/2005 15:45 Page 488

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The 1999 Books; Dispute Boards

The third area that was looked into by the Task Group, in trying to decipher how
they could best improve the FIDIC forms in use at the time, was to investigate any
matters that had been brought to the attention of FIDIC by users of the various forms
and any commentaries that had been written on such forms.
The immediate result of the work carried out in updating the Fourth Edition of the
Red Book was the introduction of the 1996 Supplement, as discussed earlier in Chapter
19, which dealt with the problem of the role of the engineer. Subsequently, however,
the group introduced a major change to the FIDIC contracts by the production of a
totally new and different set of conditions of contract in September 1999, in the form
of four new documents alongside those that have been in use at that time. The new
suite of FIDIC contracts comprises the following forms:
(a) The 1999 Red Book: The Construction Contract (Conditions of Contract for Building
and Engineering Works, Designed by the Employer) General Conditions, Guidance
for the Preparation of the Particular Conditions, Forms of Tender, Contract Agreement, and Dispute Adjudication Agreement;
(b) The 1999 Yellow Book: The Plant and Design-Build Contract (Conditions of Contract for Electrical and Mechanical Plant, and for Building and Engineering Works,
Designed by the Contractor) General Conditions, Guidance for the Preparation
of the Particular Conditions, Forms of Tender, Contract Agreement and Dispute
Adjudication Agreement; and
(c) The Silver Book: The EPC and Turnkey Contract (Conditions of Contract for EPC
Turnkey Projects) General Conditions, Guidance for the Preparation of the Particular Conditions, Forms of Tender, Contract Agreement and Dispute Adjudication
Agreement.
(d) The Green Book: The Short Form of Contract Agreement, General Conditions, Rules
for Adjudication and Notes for Guidance.
Unlike the standard forms of contract published prior to September 1999, which were
distinguished from each other on the basis of the type of project for which they were
used, these new forms are distinguished on the basis of the allocation of the design
function. As can be seen from the title of the 1999 Red and Yellow Books, the 1999 Red
Book was drafted to be used for all types of building and engineering works designed
by the employer (or designed on his behalf). The 1999 Yellow Book was designed to
be used for all types of building and engineering works designed by the contractor. It
is because of this new distinguishing characteristic that the 1999 Red and Yellow Books
were not given a different colour, since FIDIC wished them to be identied by their
respective allocation of the design function rather than by their colour. However, the
experience gained since their publication in 1999, and despite FIDICs wish, shows that
these documents are found to be more easily identiable in practice by their colour
with the added tag of new and/or the year of publication.22.2
Another intention of FIDIC or of the Task Group that was not realised was that the
use of the Fourth Edition of the Red Book and the 1988 edition of the Yellow Book
would diminish with time and that they would be phased out in favour of the newer
1999 forms of contract. The Task Group had intended that any new projects that were

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