Mutual liability for loss of earnings, loss of revenue, loss of production, loss of contracts, loss of use, loss of operations, loss of a third party or loss of business opportunities, as well as indirect, special or consequential damages were included. This is favourable to the consultant, as it explicitly excludes certain types of losses, such as. B operating or profit losses, even if they may constitute an “immediate loss” under the contract. A new commitment by the parties to act in good faith and in a spirit of mutual trust was welcomed. Its importance and impact will vary from jurisdiction to jurisdiction, but the current English legal situation is that its interpretation will depend on its context and editorial security. On the basis of the most recent case law, it is unlikely that a positive requirement for a party to act against its own interests or to exceed an absolute contract right will be interpreted. The head contract (“customer/advisor contract”) is attached to Schedule A so that the sub-advisor has its own copy of the client/advisor agreement and can consult the commitments of the advisor he has made and for which the sub-advisor now works. The client/advisor agreement attached to Schedule A does not include issues that do not relate to the sub-advisory agreement and which should not involve business matters between the advisor and the client. Appendix A is not part of the sub-council agreement, but a document that must be respected in the same way as a code of conduct or building legislation.
While the Sub-Consultancy Agreement was specifically written to facilitate the appointment of a sub-advisor if the advisor is appointed under the FIDIC form of a client/consultant contract (the White Paper), it can also be used, with minimal modifications if the main contract is not the white paper. Information about this use is published by FIDIC. 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. A detailed exception regime dealing with cases of force majeure has been included in the new White Paper, which is similar to the force majeure provisions in FIDIC`s construction contracts. . Dispute resolution rules have been amended to include a detailed adjudication procedure, which is contained in an appendix to the new White Paper. Under these revised provisions, all disputes that are not resolved by mutual agreement must first be referred to the decision before each referral to arbitration.
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 its new edition of the White Paper, FIDIC made significant changes from the previous edition. Below are some of the key changes introduced in the new White Paper. 2 Equipment and equipment to be provided by the council agreement (1st Ed, 1992). Electronic version in encrypted pdf version. It is interesting to note that the corresponding provision also appears to include an assignment obligation, as it requires the advisor to perform the services in order to perform all the functions or purposes that can be described to the extent of the service. However, this obligation applies only to the extent possible, without increasing the need for the advisor to have adequate skills and diligence.