Construction Law/FIDIC 99


Could amendments be made directly into the general conditions of a FIDIC 99 Contract or they must be made separately under special conditions of contract?

Dear Walid Nakhou,

You can do anything that you like, but you pay the price.  FIDIC has the copyright to their Conditions of Contract, so if you mess with the General Conditions (GC), you may have deal with them.  Alternatively, you have to go through the process of getting a licence for any proposed changes, as the MDB versions.  It is simpler to include your proposals in the Special Conditions (SCC).  Including the proposals in the Particular Conditions has other advantages.  Bidders are used with the standard GC, and thus know the risks there.  They look at the SCC to identify extra risks.  Also in changing the GC, you run the risk of destroying their cohesiveness and creating uncertainty regarding the interpretation of the amended clauses.  

Construction Law

All Answers

Answers by Expert:

Ask Experts


Peter M. Elliott


First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol before submitting a question.


Value . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest bidder, it's well to add something for the risk you run.
And if you do that, you will have enough to pay for something better.
. . . John Ruskin (1819 - 1900)
"We are too poor to buy something cheap"
.Romanian Proverb 2002
A lean compromise is better than a fat lawsuit. George Herbert (English poet 1593-1633)
I said it in Hebrew, I said it in Dutch,
I said it in German and Greek:
But I wholly forgot (and it vexes me much)
That English is what you speak!" Hunting of the Snark - Lewis Caroll
Match your presentation to the reader!
The joy of food lasts but an hour, of sleep but a day, of a woman, but a month, but the joy of a building lasts a lifetime. Syrian proverb.
Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')

Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation

B Sc(Hons) in Civil Engineering

©2017 All rights reserved.