FIDIC White Book 2017: Mastering Client-Consultant Agreement

Clause 2.1 obliges the client to provide timely, accurate information for reliable advice and designs, with the consultant reviewing data and raising gaps to prevent delays and liability shifts.

Clause 2.3 requires timely cooperation, providing data, decisions, permits, assistance, and third-party contacts, so the consultant can perform services, while risk rests with the client to prevent delays and costs.

Clause 2.3 requires timely client assistance to provide data, decisions, and approvals, enabling the consultant to perform services, avoid delays, and allocate risks from information gaps to the client.

Explore clause 2.4 of the white book, clients' financial arrangements require evidence of funding, such as budget allocations or financing agreements, to reassure the consultant and protect against non-payment.

Clarifies that the client provides equipment, space, or access only when the agreement expressly states so, and emphasizes transparency and risk allocation to prevent delays.

Clause 2.6 requires client-provided personnel to be suitably qualified and available, ensuring the consultant's performance is not delayed. It emphasizes proactive coordination, clear support levels, and client responsibility for shortfalls.

Navigate clause 2.8 on services of others, where the client must appoint and coordinate external specialists, while the consultant integrates input but isn’t liable for third-party delays or defects.

Clause 3.1 defines the scope of services, detailing the consultant's duties and the client's obligation to provide information and approvals. It clarifies variation triggers and fees to prevent disputes.

Explain that the consultant provides professional skill and care, not a guaranteed perfect outcome, while the client retains project responsibility and the consultant is liable only for reasonable professional skill.

Clause 3.3 sets the standard of care for consultants, requiring skill, care, and diligence to industry norms, binding the professional to safe, compliant service and not guaranteeing project results.

Clause 3.4 of the white book 2017 requires the consultant to take reasonable care of client-provided property while the client retains ownership and responsibility for suitability and safeguarding data.

Clause 3.5 requires the consultant to appoint qualified personnel and seek client approval for key staff, ensuring continuity, timely replacement of unsatisfactory staff, and balanced risk allocation.

Empower the consultant's representative as the main client liaison under clause 3.6, ensuring qualified, available decision-making, consistent day-to-day instructions, and client consent for any changes to maintain trust and continuity.

Clause 3.7 preserves the consultant's personnel quality and continuity by requiring equal or better replacements approved by the client, who may reject unsuitable candidates to avoid breach or reduced fees.

Assigns responsibility to the client to safeguard the consultant's personnel on site and enforces consultant compliance with reasonable safety procedures, balancing risk and liability.

Explain clause 3.9 construction administration, where the consultant provides advisory support, reviews shop drawings and progress, and advises on design compliance, while the client manages the contract and contractor liability.

Clause 4.1 makes the agreement effective only after signing or a specified date. It defines when client obligations and consultant work begin, and protects both sides from unapproved costs.

Clause 4.2 defines when services commence and must be completed, starting upon the client’s notice to proceed and within 14 days of advance payment, with extensions for site data delays.

Clause 4.3 requires the consultant to prepare and maintain a time-bound program with activities, milestones, deliverables, and dependencies, and to update it to reflect changes, delays, and client cooperation.

explains clause 4.4 on delays, detailing client-caused delays' extensions and additional costs, and consultant-caused delays bearing the consultant's burden with examples such as site data delays and notifying the client.

Examine clause 4.5 on the rate of progress of services, requiring the consultant to maintain momentum in line with the program and the client to provide timely approvals and information.

The exceptional event clause clarifies that unforeseen events beyond client or consultant control excuse delays and non-performance, prohibit damages claims, require prompt notification, cooperation, and possible adjustments while sharing risk.

Explore clause 5.1 for variations through written client instructions, consultant feasibility of time and cost, and balanced risk allocation between client costs and consultant warnings.

Ensure both client and consultant agree on the financial and time implications before any variation to the consultant's services proceeds, protecting both parties with transparency and mutual consent.

Empower clients to pause consultant work under clause 6.1 with written notice for a reasonable period, while allowing time and cost adjustments or termination if suspension is excessive.

Learn how clause 6.2 governs resumption of suspended services, requiring written client notice, prompt restart within a reasonable time, and extensions or cost reimbursements for client-caused delays.

Clarifies suspension of services under clause 6.3, keeps the consultant paid for performed work and reasonable costs, while the client controls timing and covers remobilization expenses on resumption.

Examine clause 6.4 of the white book 2017 to identify termination triggers such as default, insolvency, or prolonged suspension. The clause allocates risk and payment for work up to termination.

Clarify termination effects under Fidic white book 2017, detailing client payments and risk allocation. Hand over documents and data promptly, and reimbursable expenses must be managed.

Clarify rights and liabilities to balance client-consultant roles. Allocate risk to the party in control, with clients accountable for decisions and information, and consultants delivering services with skill and care.

Clarifies clause 7.1 payment to the consultant for timely, fair compensation based on the schedule. Requires proper invoices, diligent performance, and documented services to trigger payment within the agreed period.

adhere to clause 7.2's 30-day payment window: the client settles invoices on time and the consultant submits accurate invoices to avoid interest or suspension.

Explain how clause 7.3 defines currencies of payment to protect against exchange rate risk, ensure transparency, and allocate financial risks for client and consultant.

Clause 7.4 requires the client to reimburse third-party costs, taxes, and duties related to the consultant's services, provided they are legitimate and documented; the consultant bears own taxes.

Explore clause 7.5 of the white book 2017, governing disputed invoices to maintain fairness and timely payment, withhold only the disputed portion with reasons, while undisputed amounts pay on time.

Ensure transparency and accountability in the client–consultant financial relationship. Allow an independent auditor to verify reimbursable costs at the client’s expense from invoices, receipts, and timesheets, with the consultant cooperating.

The lecture explains clause 8.1 liability for breach, detailing consultant responsibility for failing to meet professional or contractual standards, and the client obligations that shape risk allocation and trust.

Set the duration of liability to statutory limitation periods, defining how long the consultant remains responsible after completion and allowing clients to raise claims for design issues.

Set the limit of liability in clause 8.3, capping exposure to fees. Exclude indirect losses and apply the cap to negligence or professional errors.

Clarify clause 8.4 to limit consultant liability to matters reasonably within the consultant's control. Explain that client responsibilities, timely data, approvals, and factors shape risk allocation and protect professional practice.

Clause 9.1 requires the consultant to maintain professional indemnity insurance, possibly with employer's or public liability, while the client ensures coverage remains valid to reduce disputes.

Negotiate first to achieve amicable dispute resolution before arbitration or court, a contractual cooling-off period protecting client and consultant from cost, delay, and reputational strain.

Explore clause 10.2 of the white book 2017, which establishes a fast adjudication process to resolve client and consultant disputes with an independent adjudicator, preserving rights to arbitration.

Engage in direct, good-faith discussions to resolve disputes under clause 10.3, prioritizing amicable settlement over arbitration to preserve the client-consultant relationship, control costs, and maintain project momentum.

arbitration under clause 10.4 creates a neutral, legally binding path for client and consultant to resolve disputes after mediation fails, with specified rules, seat, and good-faith participation.

Honor and comply with the adjudicator's binding decision immediately, including payment, to preserve project continuity, while arbitration may follow for enforcement.