Читать книгу The 2017 FIDIC Contracts - William Godwin - Страница 23

As part of its Guidance FIDIC urges the parties to have regard to certain ‘Golden Principles’ when drafting Special Provisions. These Golden Principles are intended to ensure that amendments to the general conditions be limited to those necessary for the particular features of the project and compliance with applicable law; in the case of the Red and Yellow Books, do not change the essential fair and balanced character of the FIDIC Contract; and that the Contract remain recognisably a FIDIC Contract. There are five such Principles set out in the Guidance, some of which might be easier to follow in practice than others. For example, General Principle 1 is that the duties, rights, obligations, roles and responsibilities of all the Contract participants must be generally as implied in the general conditions and appropriate to the requirements of the project; however, it might not be very obvious how this is to be applied in practice, or even whether it ought to be attempted to be applied in a particular project. General Principle 2, on the other hand, which is that the Particular Conditions must be drafted clearly and unambiguously, is certainly salutary general advice.