Staff Blog


Fidic White Book Client Consultant Model Services Agreement

  • 2021年4月10日
  • 未分類

If the contract is terminated for convenience and is subject to additional costs for the advisor, the client pays the advisor the additional time that the consultant`s staff has spent on providing the services at schedule 3 [Pay and Payment] rates. The client also pays for all other costs incurred appropriately by the consultant and the advisor is entitled to bear the shortfall that would otherwise have been realized through the benefits that would not have been provided as a result of the termination. Nevertheless, there are a few quirks – such as registering the client`s compensation to the advisor against the contractor`s claims (where the advisor is a contract administrator). If, in any legal order, a contract manager owes a duty of care to a contractor, why should the contracting authority compensate him or her? Nor is it useful that the tasks of the independent decision-maker still do not exactly comply with the FIDIC clause 3.5 procedure. In its preface, the new White Paper states that it has “increased” the duty of care of the advisor by offering a higher level of “project-appropriate skills, diligence and diligence that can be expected from 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. Enter your mobile phone number or email address below and we`ll send you a link to download the free Kindle app. Then you can start reading Kindle books on your smartphone, tablet or computer – no Kindle device is needed. 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.