Appendix E: FIDIC Forms Risk

Allocation Charts

E.1 Chart No.1: Basic risk allocation alternatives in

connection with unforeseeable physical conditions

Risk Contractor’s Contractor’s Contractor’s

Alternative allocation costs overhead profit

A. Employer Employer’s risk Employer’s risk Employer’s risk

B. Shared Employer’s risk Employer’s risk Contractor’s risk
C. Contractor Contractor’s risk Contractor’s risk Contractor’s risk

E.2 Chart No. 2: Basic comparison of risk allocation

(claims options) in FIDIC CONS/1999 Red Book,
P&DB/1999 Yellow Book and EPC/1999 Silver Book

E = Employer’s risk; C = Contractor’s risk; S = Shared risk

Clause Identification of risk Red Book Yellow Book Silver Book

1.9 Delayed Drawings or E - -

Red Book Instructions (by the
Employer)
1.9 Errors in the - E C
Yellow Book Employer’s
Requirements
2.1 Right of Access to the E E E
Site

International Construction Contract Law, First Edition. Lukas Klee.

© 2015 John Wiley & Sons, Ltd. Published 2015 by John Wiley & Sons, Ltd.
 Appendix E: FIDIC Forms Risk Allocation Charts 485

Clause Identification of risk Red Book Yellow Book Silver Book

4.7 Setting Out (of original E E C

points, lines and levels
of reference)
4.12 Unforeseeable Physical S S C
Conditions Time = E Time = E
Costs = E Costs = E
Overhead = E Overhead = E
Profit = C Profit = C
4.24 Fossils S S S
Time = E Time = E Time = E
Costs = E Costs = E Costs = E
Overhead = E Overhead = E Overhead = E
Profit = C Profit = C Profit = C
7.4 Employer’s Delay in E E E
Performing Tests
7.5 Rejection of Plant, C C C
Material or
Workmanship
7.6 Remedial Work C C C
8.4 Extension of Time for S S S
Completion Time = E Time = E Time = E
Costs = C Costs = C Costs = C
Overhead = C Overhead = C Overhead = C
Profit = C Profit = C Profit = C
8.4 Exceptionally Adverse S S C
Climatic Conditions Time = E Time = E
Costs = C Costs = C
Overhead = C Overhead = C
Profit = C Profit = C
8.5 Delays Caused by S S S
Authorities Time = E Time = E Time = E
Costs = C Costs = C Costs = C
Overhead = C Overhead = C Overhead = C
Profit = C Profit = C Profit = C
8.6 Insufficient Rate of C C C
Progress
8.9 Consequences of S S S
Suspension Time = E Time = E Time = E
Costs = E Costs = E Costs = E
Overhead = E Overhead = E Overhead = E
Profit = C Profit = C Profit = C
9.4 Failure to Pass Tests on C C C
Completion
10.2 Taking Over of Parts of E E E
the Works
10.3 Interference with Tests E E E
on Completion
11.4 Failure to Remedy C C C
Defects
486 Appendix E: FIDIC Forms Risk Allocation Charts

Clause Identification of risk Red Book Yellow Book Silver Book

11.8 Contractor to Search S S S

for the Cause of any Time = C Time = C Time = C
Defect Costs = E Costs = E Costs = E
Overhead = E Overhead = E Overhead = E
Profit = E Profit = E Profit = E
12.3 Evaluation E or C - -
12.4 Omission of any Work S - -
Red Book according to Variation Time = C
Costs = E
Overhead = E
Profit = C
12.4 Failure to Pass Tests - C C
Yellow & after Completion
Silver Book
13.3 Variation Procedure S S S
Time = C Time = C Time = C
Costs = E Costs = E Costs = E
Overhead = E Overhead = E Overhead = E
Profit = C Profit = E Profit = E
13.7 Adjustments for S S S
Changes in Legislation Time = E Time = E Time = E
Costs = E Costs = E Costs = E
Overhead = E Overhead = E Overhead = E
Profit = C Profit = C Profit = C
13.8 Adjustments for E or C E or C C
Changes in Costs
(Indexation)
14.8 Delayed Payment E E E
15.4 Payment after C C C
Employer’s
Termination
16.1 Contractor’s E E E
Entitlement to
Suspend Work
16.4 Payment after E E E
Contractor’s
Termination
17.1 Indemnities E or C E or C E or C
17.4 Consequences of E E E
Employer’s Risks
19.4 Consequences of Force S S S
Majeure Time = E Time = E Time = E
Costs = E Costs = E Costs = E
Overhead = E Overhead = E Overhead = E
Profit = C Profit = C Profit = C