The International Federation of Consulting Engineers (FIDIC) has launched its new suite of consultancy agreements to help offer guidance and practical assistance to the industry.
The ‘White Book’ Client/Consultant Model Services Agreement is now in its 5th edition and is accompanied by a new Model Sub-Consultancy Agreement and Model Joint Venture Agreement Between Consultants to form a full suite of agreements relating to consultancy services. These may offer an alternative to the Australian Standards AS4122-2010 template.
The new edition of the White Book has enhanced the Consultant’s duty of care obligations after considering:
- up to date practice worldwide in drafting consultancy agreements
- a fair balance of risk between the Client and the Consultant
- the professional’s obligation with respect to due skill and care, and fitness for purpose
- the availability of suitable insurance.
The changes have come after increased demand across the industry to require “fitness for purpose” and similar warranties for consultancy services.
The new Model Joint Venture Agreement and Model Sub-Consultancy Agreement templates have been developed to fill the gap that existed for these types of arrangements in the FIDIC suite. Both of these templates have been designed to work alongside the Client/Consultant Model Services Agreement but can just as easily be used alongside other forms of consultancy agreements.
FIDIC is renowned in the industry for its balanced approach to contract drafting. These model agreements have been drafted to include clear responsibilities and legal capacities to act for each party. They have been developed to help educate users on what their agreements should contain to help mitigate their individual risks and avoid disputes.
FIDIC intends to publish user guides for each of the Agreements. That said, as with any template contract, the terms should be reviewed on a project-by-project basis, in light of the relevant governing laws.
If you would like assistance using or negotiating a contract for your next project, FIDIC or otherwise, please contact us.
Suzy Cairney, Partner
T: +61 7 3135 0684
Troy Lewis, Partner & National Head of Construction and Infrastructure
T: +61 7 3135 0614
Stephen Burton, Partner
T: +61 7 3135 0604
Stephen Natoli, Partner
T: +61 3 9321 9796
Kyle Siebel, Partner
T: +61 3 9321 9877
Scott Alden, Partner
T: +61 2 8083 0419
Christine Jones, Partner
T: +61 2 8083 0477
Helena Golovanoff, Partner
T: +61 2 8083 0443
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