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Variations and the Resolution of Disputes under the FIDIC Red Books

Samantha Kelsey, Christopher Edwards & Philip Punwar

ABSTRACT

Uptake of the 1999 FIDIC Red Book has been slow in the Middle East/GCC, with users preferring the 1987 Fourth Edition of the Red Book instead.This article highlights some of the ways in which users in the region personalize the Red Book. It also identifies those provisions of the Red Book that may conflict with mandatory rules of law set out in the region’s civil codes. These include provisions concerning instructions, variations, omissions and the notification of claims.The authors also discuss the role of the engineer under the 1987 Fourth Edition of the Red Book and the Dispute Adjudication Board procedure in the 1999 Red Book. They comment on the uptake of both within the region, suggest steps that might be taken to overcome their perceived shortcomings, and indicate where developments can be expected.