English and International Standard Forms of Contract

Abstract

Within the construction industry the use of standard forms has become commonplace. They exist at the national level (for example JCT,1 SIA,2 AFNOR,3 VOB/B4) but also for international purposes. Civil law standard forms, such as VOB/B, AFNOR, SIA, usually predominate national markets, whilst on the international level English speaking conditions of contract are preferred. For different reasons in the international field the most frequently used standard forms are those of the International Federation of Consulting Engineers (FIDIC). The FIDIC range of contract comprises three major forms which are usually known as Red Book, Yellow Book and Silver Book. All of them contain a set of General Conditions, a Guidance for Preparation of Particular Conditions and several model forms. But there is a larger choice than that. An also frequently used standard form has been published by the Institution of Civil Engineers (ICE) under the name of New Engineering Contract (NEC). The NEC contract family is even broader than that of FIDIC and is accompanied by guidance notes, flow charts and advisory documents. In the field of technical and electrical plant the MF/1 form having been published by the Institution of Electrical Engineers for the Joint IMechE/IEE Committee on Model Forms of General Conditions of Contract has become quite common. This form has been made for home or overseas contracts for the supply and erection of electrical, electronic or mechanical plant and includes Forms of Tender, Agreement, Sub-Contract, Performance Bond and Defects Liability Demand Guarantee. Finally in the field of chemical plant the IChem model forms are recognised being a useful feature. The Institution of Chemical Engineers (IChem) offers a set of model forms, in particular the so called Red Book (Model Form of Conditions of Contract for Process Plants suitable for Lump Sum Contracts).