Practice Area

# FIDIC Contracts &
Construction Law

### FIDIC Expertise

International Construction Law

Overview

## International Construction Contract Excellence

The FIDIC (International Federation of Consulting Engineers) suite of contracts is the global standard for international construction and engineering projects. These contracts are used on projects funded by multilateral development banks, government infrastructure programmes, and major private sector developments worldwide.

ESB Global Law Advisory provides comprehensive legal services across the full lifecycle of FIDIC-based projects — from contract selection and drafting through to claims management, dispute adjudication board (DAB) proceedings, and international arbitration.

Our team brings deep expertise in the entire FIDIC suite, including the 2017 editions, and helps clients navigate the complex interplay between FIDIC conditions and local governing law.

Contract Forms

## The FIDIC Suite of Contracts

We provide expert advisory across the complete range of FIDIC standard form contracts.

Red Book

### Conditions of Contract for Construction

For building and engineering works designed by the employer. The contractor executes the works in accordance with the employer's design. Most widely used FIDIC form for traditional construction projects.

Yellow Book

### Conditions of Contract for Plant and Design-Build

For electrical and mechanical plant and for building and engineering works designed by the contractor. The contractor designs and provides the works to the employer's requirements.

Silver Book

### Conditions of Contract for EPC/Turnkey Projects

For engineering, procurement, and construction or turnkey projects where the contractor takes on greater risk and responsibility for the total design and execution of the project.

Gold Book

### Conditions of Contract for Design, Build and Operate

For design-build-operate projects combining construction with a long-term operation period. Used for PPP and concession-type arrangements requiring lifecycle performance.

Green Book

### Short Form of Contract

For relatively simple or low-value building or engineering works of short duration and without the need for specialist sub-contracts. Simplified procedures and documentation.

White Book

### Client/Consultant Model Services Agreement

For the appointment of consultants, engineers, and other professional service providers. Covers pre-investment and feasibility studies through to construction supervision.

Our Services

## FIDIC Legal Services

01

### Contract Drafting & Negotiation

Drafting and negotiating FIDIC contracts, particular conditions, and special provisions tailored to specific project requirements and risk allocations.

02

### Contract Administration Advisory

Guidance on contractual procedures, notices, time bars, variations, and compliance with FIDIC procedural requirements throughout project execution.

03

### Claims Preparation & Defence

Preparing and managing extension of time (EOT) claims, cost claims, variation claims, and defending against counter-claims under FIDIC contracts.

04

### Dispute Adjudication Board (DAB)

Representation in DAB proceedings, drafting referrals and responses, and advising on the enforcement and challenge of DAB decisions.

05

### International Arbitration

Representing clients in ICC, LCIA, SIAC, and other institutional arbitrations arising from FIDIC contract disputes on major infrastructure projects.

06

### Contract Review & Risk Audit

Comprehensive review and audit of existing FIDIC contracts to identify potential risks, exposure points, and recommended amendments or protections.

"In international construction, the contract is the foundation upon which the entire project stands."

ESB Global Law Advisory
Sectors

## Industries We Serve

Our FIDIC expertise extends across major infrastructure and construction sectors.

### Infrastructure & Highways

Roads, bridges, tunnels, airports, and large-scale public infrastructure projects under FIDIC Red and Yellow Books.

### Energy & Power

Power plants, renewable energy facilities, transmission networks, and energy infrastructure under FIDIC Silver and Yellow Books.

### Oil, Gas & Mining

Upstream and downstream petroleum projects, LNG facilities, and mining operations requiring EPC/turnkey contracting.

### Water & Environment

Water treatment plants, desalination projects, sewage systems, and environmental remediation works.

### Transport & Railways

Metro systems, railway networks, port developments, and maritime infrastructure projects.

### Commercial & Industrial

Manufacturing plants, commercial complexes, industrial parks, and special economic zone developments.

Common Questions

## FIDIC & Construction Law FAQs

FIDIC contracts are standard-form construction and engineering contracts published by the International Federation of Consulting Engineers. They are widely used on international infrastructure projects funded by multilateral development banks like the World Bank, ADB, and AfDB. The most common forms are the Red Book (employer-designed works), Yellow Book (contractor-designed works), and Silver Book (EPC/turnkey projects). Indian contractors frequently encounter FIDIC contracts on overseas projects.

FIDIC contracts follow a multi-tier dispute resolution process. First, claims are submitted to the Engineer under Clause 20.1 within 28 days of the triggering event. If the Engineer's determination is unsatisfactory, the dispute goes to the Dispute Avoidance/Adjudication Board (DAAB). If the DAAB's decision is not accepted, the parties proceed to amicable settlement attempts, and finally to international arbitration (typically under ICC or LCIA rules). Strict time bars apply at each stage.

Key risks include strict 28-day time bars for claim notices (missing which can forfeit entitlements), unfamiliar governing laws in foreign jurisdictions, variations and scope changes without proper documentation, delayed payments and currency fluctuation, performance security and bond requirements, and subcontractor coordination across multiple legal systems. ESB Global helps Indian contractors identify and mitigate these risks before they materialise.

From Our Blog

## Related Insights

In-depth analysis on FIDIC contracts, construction disputes, and international project law.

FIDIC Contracts

### Understanding the FIDIC Red Book: A Practical Guide for Indian Contractors

A comprehensive breakdown of the FIDIC Red Book - from Clause 20 claim procedures and time bars to dispute resolution through DAAB and international arbitration.

Read Article
Cross-Border

### Legal Guide for Indian Companies Expanding to Europe

Navigate entity structuring, regulatory compliance, and contractual frameworks when taking Indian infrastructure and construction businesses into European markets.

Read Article
Construction Project?

## Expert FIDIC Contract
Legal Counsel

From contract drafting to dispute resolution, our team delivers strategic counsel for international construction projects.

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