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Construction Law/Approval of materials for Works on Red Book Fidic contract


In case of performed Works on FIDIC Red Book 1999 contract: Why it is necessary to be approved by Engineer the materials? Already was approved the Contractor's offer, it is not sufficient?

I understood that just in case of Yellow Book Fidic contract is mandatory to be approved the materials by Engineer, but not in case of Red Book Fidic. It is correct?

Dear Odette,

Thank you for your question.

In general, Contractor includes in their offer a Method Statement, indicating how certain works are to be carried out, but not specific details of ALL materials to be used.

Sub-Clauses 7.3 [Inspection] and 7.4 [Testing] show precisely that.

As well, even if details are included in the offer, that is not a guarantee that Contractor indeed uses the right materials.

It is a simple part of the Engineer's checks for ensuring the right quality of the works.

Beside that, not all sources of materials are always suitable. Take the aggregates for example: there are sources of better or lesser quality. Or, in a pile of delivered aggregates, even if a source is approved, you may find clay, or other impurities affecting the quality of the material, hence of the works.

As for such obligation existing only under Yellow FIDIC, I am uncertain what made you "understand" that, but it is obviously inaccurate.

Engineer has to check materials under both Red and Yellow FIDIC Books.

Trust that answer your query.  

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