fidic white paper English versionFIDICCLIENTCONSULTANT MODEL SERVICES AGREEMENTWhite BookThird Edition 1998CONTENTSAGREEMENTGENERAL CONDITIONSDEFINITIONS AND INTERPRETATION1 Definitions2 Interpr

uage and Law37. Notices38. Assignment and Sub-Contracting39. Confidentiality40. Intellectual Property41. Force Majeure42. Entire Agreement43. Governing Language44. Amendments45. Counterparts46. TerminationAPPENDIX 1 – SCOPE OF SERVICESAPPENDIX 2 – PERSONNELAPPENDIX 3 – FEES AND PAYMENTAPPENDIX 4 – INSURANCEAPPENDIX 5 – INTELLECTUAL PROPERTYAPPENDIX 6 – FORMS AND REPORTS

Introduction

The FIDIC Client/Consultant Model Services Agreement, also known as the “White Book,” is a widely used standard form of contract for the appointment of consultants in the construction industry. The third edition of the White Book was published in 1998 and has since been updated to reflect changes in the industry.

The White Book is intended for use in situations where the client requires the services of a consultant to provide professional advice and assistance in relation to a construction project. The consultant may be appointed to provide a range of services, from initial feasibility studies to final project management and supervision.

The White Book is designed to be used in conjunction with the FIDIC Conditions of Contract for Construction (the “Red Book”) and the FIDIC Conditions of Contract for Plant and Design-Build (the “Yellow Book”). Together, these contracts provide a comprehensive framework for the procurement and management of construction projects.

Agreement

The White Book is divided into six main sections: Agreement, General Conditions, Definitions and Interpretation, Obligations of the Consultant, Obligations of the Client, and Personnel. The Agreement section sets out the basic terms of the contract, including the scope of services, the fees and payment terms, and the duration of the agreement.

General Conditions

The General Conditions section contains a series of clauses that apply to the entire contract, such as the governing law and language, notices, and confidentiality. These clauses are designed to ensure that both parties understand their rights and obligations under the contract and to provide a framework for resolving disputes.

Definitions and Interpretation

The Definitions and Interpretation section defines key terms used throughout the contract and provides guidance on how the contract should be interpreted. This section is important to ensure that both parties have a clear understanding of the meaning of key terms and concepts.

Obligations of the Consultant

The Obligations of the Consultant section outlines the consultant’s responsibilities in relation to the provision of services. This includes a description of the scope of services, the duty of care and exercise of authority, and the consultant’s obligations in relation to the client’s property.

Obligations of the Client

The Obligations of the Client section outlines the client’s responsibilities in relation to the provision of services. This includes providing the consultant with information, making decisions, providing assistance, and ensuring that the necessary equipment and facilities are available.

Personnel

The Personnel section sets out the requirements for the supply of personnel, including the qualifications and experience required, the number of personnel required, and the process for making changes to personnel. This section is important to ensure that the consultant is able to provide the necessary level of expertise and experience to carry out the services required.

Liability and Insurance

The Liability and Insurance section sets out the liability of both parties in relation to the provision of services and the requirements for insurance. This includes a description of the consultant’s liability in relation to the provision of services, the duration of liability, and the limit of compensation and indemnity.

Commencement, Completion, Alteration and Termination of the Agreement

The Commencement, Completion, Alteration and Termination of the Agreement section sets out the requirements for the commencement and completion of the services, the process for making changes to the agreement, and the circumstances under which the agreement may be terminated.

Payment

The Payment section sets out the requirements for payment of fees, including the amount and timing of payments, the currency of payment, and the process for disputing invoices.

General Provisions

The General Provisions section contains a series of clauses that apply to the entire contract, such as the governing law and language, notices, and confidentiality. These clauses are designed to ensure that both parties understand their rights and obligations under the contract and to provide a framework for resolving disputes.

Appendices

The White Book contains six appendices that provide additional information and guidance on key aspects of the contract, such as the scope of services, personnel, fees and payment, insurance, intellectual property, and forms and reports.

Conclusion

The FIDIC Client/Consultant Model Services Agreement is a widely used standard form of contract for the appointment of consultants in the construction industry. The White Book provides a comprehensive framework for the procurement and management of construction projects, and is designed to be used in conjunction with the FIDIC Conditions of Contract for Construction and the FIDIC Conditions of Contract for Plant and Design-Build. By using the White Book, clients and consultants can ensure that their rights and obligations are clearly defined and that the project is managed effectively and efficiently