The mission set by FIDIC CC for updating the white paper required the task force to consider, among many other issues, the issue of the tradesman`s duty of care to the client for the services provided. In its preface, the Task Force took into account the following: the new White Paper states in its preface that it has “increased” the duty of care to the consultant by offering a higher level of reference to the project for “reasonable, competent, unassuming and careless on the part of a consultant experienced in providing such services to projects of similar size, nature and complexity.” This stems from the consultant`s general obligation to apply “appropriate skills and diligence” and may be particularly important if the consultant does not have the required expertise or has not taken up something for which he or she is not fully equipped. However, in most cases, this will not add significantly to the consultant`s commitment compared to that contained in the previous version of the White Paper. The new White Paper contains provisions to be applied when the councillor provides construction administration services for physical work to be performed under a construction contract. In addition, the advisor is not responsible for the sequence of aspects of the construction contract. This must be taken into account in light of the scope of the services provided by the consultant, as it is possible that the advisor, if there are several construction contractors and potential interfaces, may contribute to the sequencing of enterprise contracts. Fidic also thanked Charles Nairac, White and Case, Paris, for conducting a thorough legal review of the draft final document, and Margaret Walker, MWCAM Ltd, for her editorial services. FIDIC has just published the 5th edition of its Client/Consultant Model Services Agreement (White Book). The White Paper is an important part of the FIDIC suite and one of the most widely used forms of professional services internationally. FIDIC also published the second edition of the sub-consulate agreement to deal with the new White Paper.
In assessing a reasonable risk relationship between the client and the consultant, the task force took into account the position in which the services were provided incorrectly or insufficiently for reasons beyond the consultant`s control or knowledge. – Current Practices Worldwide in the Development of Consulting Contracts The reissue of the White Paper provides that the client does not have the right to resign for convenience to provide the services himself or through a third party. The previous edition of the White Paper did not explicitly mention it. The Working Group found that, in some civil jurisdictions, the consultant had been given strict liability for defective services – some legal systems had a discharge for matters outside the councillor`s control, while in others, no discharge was possible.