Nevertheless, some curiosities remain, such as the granting of an exemption from the client to the advisor against the contractor`s claims (if the advisor is the manager of the contract). If, in any legal order, a contract manager owes a duty of care to a contractor somewhere, why should the client release himself from it? Nor is it useful that the obligations of the independent determinator still do not correspond exactly to the process of FIDIC clause 3.5. Contractors with design responsibility to the employer (e.g. .B. under contractual agreements based on yellow or silver books) often mistakenly believed that the white paper was linked to its obligations in the back-to-back chain and could therefore be used in ordering design consulting in their supply chain. These obligations include, by default, an explicit guarantee of fitness. Contractors were often surprised at how exposed they were and that, according to FIDIC, it was inappropriate for a consultant to give the same type of care guarantee as a contractor performing design work. The 2017 White Book is a big step forward and is much better suited for use by customers than the 2006 version. However, there are still some curiosities that employers and contractors should pay attention to.
Guide to the white paper with further information on documents relating to consulting contracts (4th edition, 2006). The absence of a provision to avoid or warn against the use of harmful materials, if the consultant is a designer, peer reviewer or supervisor of works, is maintained. Updated editions were published in 1992, 1995 and 1998 under the responsibility of the Client/Consultant Relations Committee, chaired by Mario Asin and Peter Batty, with the continued participation of Mark Griffiths and Paul Taylor and contributions from Hans Ammendrup, formerly Carl Bro and Dan Rail, Denmark, Pablo Bueno, Typsa, Spain, Fatma Clasan, ODTM, Turkey, Howard Schirmer, formerly CH2MHill, USA, Charles Molineaux, Wickwire Gavin, USA, and Mahendra Raj, India….