In our previous article we explained why FIDIC is so important in projects, when clients choose this and the different contract forms have been discussed.
In this article we explain the difference between the General Conditions and the Particular Conditions.

When drawing up FIDIC contracts, it is therefore about having knowledge of the FIDIC General Conditions. These are the general terms and conditions that apply to a particular form of contract (linked to the type of work as explained in our previous article) and supervise the rights and obligations of the contracting parties (Employer and Contractor) and those of the Engineer (in Yellow, Red and Gold Book). In addition to the General Conditions, the associated ‘Particular Conditions’ also play an important role. The Particular Conditions define the specifications that apply specifically to a project and to the country where the project is created.

In addition, if the tender procedure allows, the result of negotiations with the tolerated Contractor will be incorporated into the Particular Conditions of the contract.

In 2019, FIDIC released a set of Golden Principles (GP) for drawing up the Particular Conditions, namely:

  • GP1: The duties, rights, roles and responsibilities of all contract participants must generally be as implied in the General Conditions and must be appropriate to the requirements of the project

  • GP2: The Particular Conditions must be drawn up clearly and unambiguously

  • GP3: The Particular Conditions may not change the balance of risk/reward distribution provided for in the General Conditions

  • GP4: All periods specified in the contract for contract participants to fulfil their obligations must be of a reasonable duration

  • GP5: Unless there is a conflict with applicable law, all formal disputes must be submitted to a dispute resolution committee or board of experts as a suspensive condition for arbitration

Do you have questions about FIDIC or what we can do for you within this form of contract? Please contact us via info@aratis.nl, we are happy to help you.

Source text: Aratis B.V.
Image source: Aratis B.V.