You are here:

Construction Law/Risks in Fidic contracts


FIDIC’s approach to drafting contracts has always been underpinned by the principle that its contracts must provide a fair allocation of risks between the parties to a contract, and those risks should be borne by the party best able to control them.Can you tell me which contract is having less risks for me as an employer, the 1999 red book,silver book or the yellow book?

Dear Mohamed,

Thank you for your question.

I think the answer you're looking for lays in the title of each book, i.e. "for constructions", "for mechanical and electrical installations", etc.

Briefly, if you are able to easily design the works, e.g. a road, a building, then Red Book is recommendable.

If by the contrary, you can rather describe the outputs of the works, e.g. for a wastewater treatment plant, you can easily describe how clean must be the treated water, the Yellow Book is the one.

If you are a public body, applying public procurement law, surely Silver Book is NOT to be applied, as that goes for complex projects and allows for direct negotiation of some clauses, which is not permitted in public procurement.

Whatever you choose, make sure you do your initial homeworks and cary out proper surveys (topo, archaeological, geotechnical, hydro, etc), so that tenderers/ Contractor know what is underground.

Hope that helps, good luck!

Construction Law

All Answers

Answers by Expert:

Ask Experts




Questions related to Civil Engineering Contracts, using FIDIC or other Conditions of Contract, concerning Procurement procedures and documents (pre-qualification, tendering and contracting) and Services/ Works Contracts implementation matters including Determinations, Payments, Time Extensions, VOs, Claims/Disputes. Additionally, questions related to dealing with International Financing Institutions. Can also answer questions in Romanian. Can not answer improperly formulated questions.


Over 20 years of experience in the field of design, works supervision, construction, management of aid funds and technical assistance for various types of contracts implementation, including severe conflictual contractual situations leading to Claims and disputes. Claims/ Contract management, Disputes adjudication, Arbitration.

Member of Romanian Professional Association of Roads and Bridges; Listed on President's List of Adjudicators of Romanian Association of Consulting Engineers Former member of the Disputes Resolution Board Foundation (DRBF) of United States – nominee on DRBF President’s Disputes Board Members List and of DRBF Chapter for Eastern Europe Former member of Polish Association of Consulting Engineers (SIDiR) – nominee on SIDiR President’s Disputes Board Members National List Member of “” volunteers pool Member of the "Constructions Disputes Resolution Services” International Panel of Construction ADR Specialists" of United States

- Graduate in 1994 the Construction Institute - Graduate of several FIDIC,Procurement and other courses - Graduate of first Disputes Board Members Mentoring Scheme ( - FIDIC Accredited Adjudicator

Past/Present Clients
- Several State organisations/Ministries , such as Ministry of Transport, National Admistration of Roads, Ministry of Regional Development (former Ministry of European Integration), Public Works and Housing, Central Contracting and Financing Unit in Romania and also in Turkey, Croatia and Macedonia - Numerous Western based private consultancy companies - full CV and other relevant information available at

©2017 All rights reserved.