PDF Download: FIDIC Quick Reference Guide to the Pink Book 2017

Table 2: Article with HTML formatting ------------------------------------ FIDIC Pink Book 2017: What You Need to Know

If you are involved in a construction project that is financed by a multilateral development bank (MDB), you may have heard of or used a contract form called FIDIC Pink Book. But what exactly is FIDIC, what is the Pink Book, and why is it important for your project? In this article, we will answer these questions and more, and provide you with some useful tips and resources on how to download, use, and benefit from FID IC Pink Book 2017.

What is FIDIC?

FIDIC stands for Fédération Internationale des Ingénieurs-Conseils, or the International Federation of Consulting Engineers. It is a global organization that represents the interests of the engineering and construction industry, and promotes best practices and standards for project delivery and management. FIDIC was founded in 1913, and has members from over 100 countries.

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One of the main roles of FIDIC is to develop and publish standard forms of contract for the construction industry, which are widely used and recognized around the world. These contracts cover various types of projects, such as civil engineering, building, plant, design-build, turnkey, and operation and maintenance. Some of the benefits of using FIDIC contracts are:

• They provide a clear and balanced allocation of risks and responsibilities between the parties.

• They reflect the current international best practices and legal developments.

• They facilitate the communication and cooperation between the parties.

• They reduce the potential for disputes and delays.

• They enhance the quality and efficiency of the project delivery.

What is the Pink Book?

The Pink Book is a form of contract used by MDBs for construction projects that they finance. MDBs are international institutions that provide financial support and technical assistance to developing countries for economic and social development. Some examples of MDBs are:

• The World Bank Group

• The Asian Development Bank

• The African Development Bank

• The Inter-American Development Bank

• The European Bank for Reconstruction and Development

The Pink Book is based on the 1999 FIDIC Red Book, which is a form of contract for construction works where the design is provided by the Employer. However, the Pink Book has some modifications to suit the MDBs' requirements, such as:

• The inclusion of a preamble that sets out the general conditions of contract.

• The addition of a guidance note that explains how to use and adapt the Pink Book.

• The incorporation of some clauses from other FIDIC contracts, such as the Silver Book (for turnkey projects) and the Gold Book (for design-build-operate projects).

• The revision of some clauses to reflect the MDBs' policies and procedures, such as those related to procurement, environmental and social safeguards, anti-corruption, and dispute resolution.

What are the main features of the Pink Book?

The Pink Book has some distinctive features that differentiate it from the 1999 Red Book and other FIDIC contracts. Some of these features are:

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The role and powers of the Engineer

The Engineer is a person or entity appointed by the Employer to act as its representative and to administer the contract. The Engineer has various duties and powers, such as:

• Issuing instructions, variations, and certificates.

• Approving drawings, designs, materials, and works.

• Determining the contract price and payments.

• Assessing claims and extensions of time.

• Inspecting and testing the works.

• Resolving disputes by giving determinations.

The Pink Book gives more authority and discretion to the Engineer than the 1999 Red Book, especially in relation to claims and disputes. The Engineer is required to act impartially and fairly when giving determinations, and to consult with both parties before doing so. The Engineer's determinations are binding on both parties, unless they are disputed within a specified time limit. The Engineer also has the power to initiate variations, subject to the Employer's approval.

The dispute avoidance/adjudication board (DAAB)

The DAAB is a panel of one or three independent experts appointed by the parties to assist them in avoiding or resolving disputes. The DAAB has two main functions:

• To provide informal assistance and advice to the parties upon their request, with the aim of preventing disputes from escalating.

• To give decisions on any disputes referred to it by either party, which are binding unless they are challenged by arbitration or amicable settlement.

The Pink Book requires the parties to establish a DAAB at the commencement of the contract, and to pay its fees and expenses equally. The DAAB is expected to visit the site regularly, and to maintain contact with the parties and the Engineer. The DAAB's decisions are final and conclusive, unless they are disputed within 28 days. If a party fails to comply with a DAAB's decision, the other party may refer the matter to arbitration.

The procedures for claims and disputes

The Pink Book has a detailed and comprehensive procedure for dealing with claims and disputes, which involves the following steps:

• The party making a claim (the Claimant) must give notice to the other party (the Respondent) and the Engineer as soon as practicable, and no later than 28 days after becoming aware of the event or circumstance giving rise to the claim.

• The Claimant must submit a fully detailed claim to the Engineer within 42 days after giving notice, or within such other period as may be agreed or determined by the Engineer.

• The Engineer must respond to the claim within 42 days after receiving it, or within such other period as may be agreed or determined by the DAAB. The Engineer may request further information or clarification from the Claimant, or consult with the parties and the DAAB, before giving a response.

• If the Claimant is dissatisfied with the Engineer's response, or if the Engineer fails to respond within the time limit, the Claimant may refer the dispute to the DAAB within 42 days after receiving or expecting the Engineer's response.

• The DAAB must give its decision on the dispute within 84 days after receiving the referral, or within such other period as may be agreed by the parties. The DAAB may conduct hearings, site visits, or expert consultations, as it deems appropriate.

• If either party is dissatisfied with the DAAB's decision, or if either party fails to comply with it, that party may give notice of its intention to commence arbitration within 28 days after receiving or expecting the DAAB's decision.

• The arbitration shall be conducted in accordance with the rules of arbitration of the International Chamber of Commerce (ICC), unless otherwise agreed by the parties. The arbitration shall be final and binding on both parties.

The environmental and social obligations

The Pink Book imposes certain environmental and social obligations on both parties, in accordance with the MDBs' policies and standards. These obligations include:

• Complying with all applicable laws and regulations relating to environmental and social matters.

• Implementing an environmental and social management plan (ESMP) that identifies and mitigates the potential impacts and risks of the project.

• Obtaining all necessary permits and approvals for environmental and social aspects of the project.

• Monitoring and reporting on the environmental and social performance of the project.

• Consulting and engaging with stakeholders and affected communities throughout the project cycle.

• Respecting human rights, labor rights, health and safety standards, and cultural heritage.

• Avoiding or minimizing adverse effects on biodiversity, natural resources, climate change, and indigenous peoples.

The anti-corruption measures

The Pink Book also contains some anti-corruption measures that aim to prevent and combat fraud, corruption, collusion, coercion, and obstruction in the project. These measures include:

• Requiring both parties to comply with the MDBs' anti-corruption policies and guidelines, and to report any suspected or actual misconduct to the MDBs.

• Allowing the MDBs to inspect and audit the records and accounts of both parties, and to sanction or suspend them for any misconduct.

• Enabling the Employer to terminate the contract or withhold payments if the Contractor is found to have engaged in any misconduct.

• Entitling the Contractor to terminate the contract or claim compensation if the Employer is found to have engaged in any misconduct.

• Providing for arbitration as the sole and final remedy for any disputes arising from or related to any misconduct.

How to download the Pink Book 2017 PDF for free?

If you are looking for a way to download the Pink Book 2017 PDF for free, you may be disappointed to learn that there is no such option available from FIDIC's website or other official sources. The Pink Book 2017 is a copyrighted material that is protected by intellectual property rights, and FIDIC does not authorize or endorse any free distribution or reproduction of it.

Moreover, you should be wary of downloading pirated or unofficial copies of the Pink Book 2017 from untrusted websites or sources, as they may contain viruses, malware, errors, or outdated information that could harm your computer or compromise your project. You may also face legal consequences or penalties for violating FIDIC's terms and conditions or the MDBs' rules and regulations.

Therefore, we strongly advise you not to download the Pink Book 2017 PDF for free, and instead use some alternative ways to access or purchase it legally and safely. Some of these ways are:

• Buying a hard copy or an e-book from FIDIC's online store or other reputable publishers. You can find the link to FIDIC's online store here: . The price of the Pink Book 2017 is EUR 60 for a hard copy and EUR 48 for an e-book.

• Borrowing a copy from a library or a colleague who has purchased it. You can check if your local library has a copy of the Pink Book 2017, or ask your colleague if they can lend you theirs. However, you should respect their ownership rights and return the copy when you are done with it.

• Joining a FIDIC training course or webinar that provides access to the Pink Book 2017. FIDIC offers various training courses and webinars on different topics and aspects of its contracts, including the Pink Book 2017. You can find more information about FIDIC's training courses and webinars here: . By joining one of these courses or webinars, you may be able to access or download the Pink Book 2017 as part of the learning materials.

Conclusion

In conclusion, the Pink Book 2017 is a form of contract used by MDBs for construction projects that they finance. It is based on the 1999 Red Book, but with some modifications to suit the MDBs' requirements. It has some distinctive features, such as:

• The role and powers of the Engineer

• The dispute avoidance/adjudication board (DAAB)

• The procedures for claims and disputes

• The environmental and social obligations

• The anti-corruption measures

The Pink Book 2017 is not available for free download from FIDIC's website or other official sources, and you should avoid downloading pirated or unofficial copies from untrusted websites or sources. Instead, you should use some alternative ways to access or purchase it legally and safely, such as:

• Buying a hard copy or an e-book from FIDIC's online store or other reputable publishers

• Borrowing a copy from a library or a colleague who has purchased it

• Joining a FIDIC training course or webinar that provides access to it

We hope that this article has given you some useful information and guidance on how to download, use, and benefit from the Pink Book 2017. If you have any questions or comments, please feel free to contact us. We wish you all the best for your project!

FAQs

What are the advantages and disadvantages of using the Pink Book 2017?

The advantages of using the Pink Book 2017 are:

It is - It is compatible with the MDBs' policies and procedures, and facilitates the approval and implementation of the project. - It provides a clear and balanced allocation of risks and responsibilities between the parties, and reflects the current international best practices and legal developments. - It facilitates the communication and cooperation between the parties, and reduces the potential for disputes and delays. - It enhances the quality and efficiency of the project delivery, and promotes environmental and social sustainability and integrity. The disadvantages of using the Pink Book 2017 are: - It may not be suitable for all types of projects or countries, and may require some customization or amendment to address specific issues or needs. - It may impose some additional costs or burdens on the parties, such as the fees and expenses of the Engineer and the DAAB, or the compliance with the environmental and social obligations. - It may limit some of the parties' rights or remedies, such as the arbitration as the sole and final dispute resolution mechanism, or the termination or suspension for misconduct. How does the Pink Book 2017 compare to other FIDIC contracts, such as the Red Book 2017 or the Yellow Book 2017?

The Pink Book 2017 is similar to other FIDIC contracts in terms of its general structure, format, and language. However, it has some differences in terms of its scope, application, and content. Some of these differences are:

• The Pink Book 2017 is only used for construction projects financed by MDBs, while other FIDIC contracts can be used for any projects financed by any sources.

• The Pink Book 2017 is based on the 1999 Red Book, which is a form of contract for construction works where the design is provided by the Employer. Other FIDIC contracts are based on different forms of contract for different types of projects, such as design-build, turnkey, or operation and maintenance.

• The Pink Book 2017 has some modifications to suit the MDBs' requirements, such as the inclusion of a preamble, a guidance note, and some clauses from other FIDIC contracts. Other FIDIC contracts do not have these modifications.

• The Pink Book 2017 has some revisions to reflect the MDBs' policies and procedures, such as those related to procurement, environmental and social safeguards, anti-corruption, and dispute resolution. Other FIDIC contracts do not have these revisions.

How can I customize or amend the Pink Book 2017 to suit my specific project or country?

The Pink Book 2017 allows some flexibility for customization or amendment to suit specific project or country conditions. However, this should be done with caution and care, as any changes may affect the balance or clarity of the contract, or conflict with the MDBs' policies or procedures. Some of the ways to customize or amend the Pink Book 2017 are:

• Using Particular Conditions (PC) to modify or supplement the General Conditions (GC) of the contract. The PC should be drafted clearly and concisely, and should not contradict or override the GC.

• Using Annexes to provide additional information or documents that are relevant to the contract. The Annexes should be consistent with the GC and PC, and should not introduce new terms or conditions.

• Using Special Provisions (SP) to address any specific issues or needs that are not covered by the GC, PC, or Annexes. The SP should be agreed by both parties and approved by the MDBs.

How can I avoid or resolve disputes under the Pink Book 2017?

The Pink Book 2017 has a detailed and comprehensive procedure for dealing with claims and disputes, which involves the following steps:

• The party making a claim (the Claimant) must give notice to the other party (the Respondent) and the Engineer as soon as practicable, and no later than 28 days after becoming aware of the event or circumstance giving rise to the claim.

• The Claimant must submit a fully detailed claim to the Engineer within 42 days after giving notice, or within such other period as may be agreed or determined by the Engineer.

• The Engineer must respond to the claim within 42 days after receiving it, or within such other period as may be agreed or determined by the DAAB. The Engineer may request further information or clarification from the Claimant, or consult with the parties and the DAAB, before giving a response.

• If the Claimant is dissatisfied with the Engineer's response, or if the Engineer fails to respond within the time limit, the Claimant may refer the dispute to the DAAB within 42 days after receiving or expecting the Engineer's response.

• The DAAB must give its decision on the dispute within 84 days after receiving the referral, or within such other period as may be agreed by the parties. The DAAB may conduct hearings, site visits, or expert consultations, as it deems appropriate.

• If either party is dissatisfied with the DAAB's decision, or if either party fails to comply with it, that party may give notice of its intention to commence arbitration within 28 days after receiving or expecting the DAAB's decision.

• The arbitration shall be conducted in accordance with the rules of arbitration of the International Chamber of Commerce (ICC), unless otherwise agreed by the parties. The arbitration shall be final and binding on both parties.

To avoid or resolve disputes under the Pink Book 2017, you should follow this procedure carefully and diligently, and try to cooperate and communicate with the other party and the Engineer as much as possible. You should also seek professional advice and assistance from qualified lawyers, engineers, or arbitrators, if needed. You should avoid resorting to litigation or other forms of dispute resolution that are not provided by the contract, as they may be costly, time-consuming, and ineffective.

Where can I find more information or guidance on using the Pink Book 2017?

If you want to learn more about using the Pink Book 2017, you can find some useful information and guidance from various sources, such as:

• FIDIC's website, which provides an overview of its contracts, publications, training courses, webinars, events, and news. You can visit FIDIC's website here: .

• The MDBs' websites, which provide their policies and procedures, project information, publications, training courses, webinars, events, and news. You can find a list of MDBs' websites here: .

• Other reputable websites, books, journals, articles, blogs, podcasts, videos, or podcasts that offer expert opinions, insights, analysis, case studies, or examples on FIDIC contracts and related topics. You can search for these sources using Bing search engine here: .

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