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Do you need to adjust the ?
The agreement includes explicit provisions to cap the Consultant’s total liability to a mutually agreed monetary sum.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws and regulations vary by jurisdiction, and the interpretation of FIDIC contracts depends on the specific governing law and the particular wording of Particular Conditions and Appendices. Always consult qualified legal counsel before entering into any contractual agreement. Do you need to adjust the
"Reasonable skill, care and diligence to be expected from a consultant experienced in the provision of such services for projects of similar size, nature and complexity"
Under the previous 1998 edition, the consultant’s duty was bound to "reasonable skill, care, and diligence." The 2017 edition (Clause 4.1) elevates this by requiring the consultant to exercise the standard of skill, care, and diligence to be expected from an experienced consultant performing similar services for a project of similar size, scope, and complexity. This aligns the White Book with modern common law expectations. 2. Fitness for Purpose and Exceptional Events Laws and regulations vary by jurisdiction, and the
FIDIC provides specific project licences allowing organizations to customize the Particular Conditions while maintaining the integrity of the General Conditions.
The FIDIC Client/Consultant Model Services Agreement 2017: A Comprehensive Guide This aligns the White Book with modern common
Total liability is limited to a specific sum agreed upon in the Particular Conditions. If no sum is specified, it defaults to the total remuneration paid to the Consultant.
This represents a significant clarification compared to the 2006 edition, where IP ownership and licensing rights were less clearly defined.
Tightens mechanisms for processing invoices, disputing fees, and assessing late payment interest.
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