8 TAILORING THE CONTRACT BEFORE WE TURN IN MORE DETAIL TO RISK, WE S...

Before we turn in more detail to risk, we should note one important point

about drafting construction contracts using a standard form like FIDIC.

The ‘normal’ or standard terms in FIDIC contracts are called

general

conditions . They make up the bulk of the printed FIDIC form but, as with any

contract, it will be necessary for the parties to be able to alter or amend these

to suit their particular project. Wherever the parties use a standard form

contract, they will need to be able to make such changes or amendments

(either by deletion or addition). The construction contract should therefore

provide a means by which this can be done.

In the FIDIC contracts this provision is made by use of

particular conditions .

The particular conditions:

●

enable the parties to complete certain clauses in the general conditions

(the ‘boilerplate’ clauses) by adding project-specific details, such as we

have just considered (governing law; the commencement date; the ruling

language; and a host of other details relevant to the specific project); and

●

enable the parties to change the terms of the general conditions to reflect

their particular bargain or agreements about the project.

At the back of each of the FIDIC Books guidance is provided on the

preparation of particular conditions, including model wording for various

different options and project needs.

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The standard, or general, conditions cannot be directly amended in a FIDIC contract

without first obtaining a licence from FIDIC to do so.

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