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Construction Law/FIDIC YELLOW & RED BOOK

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Question
Greetings..
Hello..Its me again. i have a query regarding the particular difference of both FIDIC red & yellow book.I got confused when i am preparing tender based on the requirements of the Client who asked to prepare a design such as structural, plumbing, electrical, HVAC, with no clear details to be included in the tender documents as indicative drawing & for guidance only. So what type of contract is this? A design & build or Construction design by the Employer contract? My understanding if design & build the contractor is responsible for the design, detailed BOQ with the Employers requirements, for Construction only detailed desugn & BOQ, Specifications etc. are employers scope..CAn you clarify this matter?

Regards,

Answer
Dear Reggie,

Thanks for your question.

From your question, i guess you have drawings and that the only issue is that, the drawings may not be detailed enough to represent everything required and also, it will have impact on the BOQ to be prepared. In most cases as well, the limitations in the information and documentation you have in respect of a proposed development would assist you to determine three (3) principal things:

1. the best procurement route
2. the best type of contract to be chosen
3. the best form of standard conditions to use in the procurement of the contract / development.

From what i have gathered, the right decision of the three above depends on the experience of the contract administrator who is putting together the contract documentation and overseeing the procurement.

Baiscally, yellow book is for D&B which principally translates that it is entirely the Contractor's respionsibility to design and construc the development in line with the Employers' requirement. At times, employers' requirement could be in form of certain specification and functional requirements and also with few line or rough sketch drawings and therefore,  preliminary and detailed drawings development would be entirely the D&B contractor's scope. If the draiwngs you have is just lines drawinsg and are not detailed drawings; then, i would advise that you consider the D&B - yellow books which places design responsibility on the Contractor from the preliminary design stage to detailed design and then construction.

But if you have submstantial detailed designs and only few designs are not detailed enough or no full sections or details of part of the design are avaialble, then, i still feel, there are such contract that could procured vide Red book but with few areas that the contractor may be required to design and this falls under Clause 4.1 but the extent of the design should be stated in specific terms.

Hope the above helps??

Thanks

Femi

Construction Law

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Femi Alofe

Expertise

I can answer all questions relating to the followings: 1. Contract Administration - variations, contract clauses interpretation, all post contract procedures, valuations and certificates questions, extension of time issues and prolongation cost matters. 2. Contract Practice - Any questions regarding forms of contract like JCT, FIDIC & other Bespoke forms. 3. Quantification, measurements and Estimating questions 4. Contracts and construction law questions and dispute resolutions problems. 5. All FIDIC Conditions of contracts

Experience

Out of my 24 years experience in construction industry, i have the following specific experience: 1. Contract Administration - 15 years in contract administration with over 10yrs in Managerial positions covering africa and the middleeast. 2. Contract Practice - 15 years experience with over 10yrs in Managerial and expert positions covering africa, north america and the middleeast. 3. All pre-contract procedures, Tendering, Quantification, measurements and Estimating questions - 20 years experience. 4. Contracts and construction law questions and dispute resolutions problems - 15 years experience with over 10yrs in Managerial and expert positions and 5 years expert witness and active practice in arbitration proceedings covering africa and the middleeast.

Organizations
1. FAIQS - Fellow, Australian Institute of Quantity Surveyors, Australia 2. FRICS - Fellow, Royal Institution of Chartered Surveyors, UK 3. CCP - Certified Cost Professional AACEI, USA 4. PQS - CIQS, CANADA 5. ACIArb. - CIArb, UK 6. MNIQS - NIQS, NIGERIA 7. RQS - QSRBN, NIGERIA

Publications
1. AACEI RP on Estimating, 2010

Education/Credentials
1. B.Tech (QS) 2. RICS professional course, CEM - UK 3. MSc , UK NARIC 4. Professional Doctorate ( to commence 2016)

Past/Present Clients
1. Larsen & Toubro Ltd, Dubai UAE 2. Larsen & Toubro (oman) LLC 3. Archi + Web consortium, Abuja Nigeria 4. George Dike & Associates, Minna Nigeria 5. Public works Authority (Ashghal), Doha Qatar

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