Читать книгу The 2017 FIDIC Contracts - William Godwin - Страница 15

Clause 4.12 of the Silver Book in both editions provides that, unless the Contract (or, in the 2017 edition, the Particular Conditions) states otherwise, the Contractor (a) is to be deemed to have obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect the works; (b) by signing the Contract he accepts ‘total responsibility’ for having foreseen all difficulties and costs of successfully completing the works; and (c) the Contract Price is not to be adjusted to take account of any unforeseen difficulties or costs.

This comprehensive allocation of risk contrasts with clause 4.12.4 of the Yellow and Red Books in both editions, where the Contractor may, subject to complying with the relevant notice and other requirements in clauses 4.12.1 to 4.12.3, claim both additional time and money if he encounters physical conditions which were unforeseeable in the sense that they were not reasonably foreseeable by an experienced contractor at the date of tender (1999) or the Base Date (2017).