3/4/2023 0 Comments Fidic white book pdfFurther, there was no mention in the Agreement of how or when the client would be informed of the impact or costs of any Exceptional Service. There is also inconsistent use of ‘varied Services’ and ‘Additional Services’. This is a confused approach which does not conform to normal industry use of how the scope of services is described. ‘those which are not Normal or Additional Services but which are necessarily performed by the Consultant in accordance with Clause 4.8’ Normal and Additional Services were expressed in Appendix 1 of the Particular Conditions, while Exceptional Services were defined in Sub-Clause 3.2.2 as: Services under the 4th Edition were divided into Normal, Additional and Exceptional Services. The 5th Edition rectifies this problem with an order of precedence both under the Form of Agreement and within Clause 1.15 of the General Conditions. In particular, while it stated the ‘this Client/Consultant Model Services Agreement’ was to form part of the Agreement, it failed to specify whether the general or particular conditions should take precedence. However, it failed to state a specific order of precedence. The 4th Edition Form of Agreement sets out the documents that should be deemed to form and be construed as part of the Agreement. The 5th Edition contains some important changes being made from the current 4th Edition of the White Book, which was released in 2006. A pre-release version of the 5th Edition was provided to delegates at the FIDIC International Contract Users Conference in London late last year. FIDIC intends to release a 5th edition of the FIDIC Client/Consultant Model Services Agreement, known to many as the White Book, this year.
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