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The FIDIC suite of contracts: the rainbow family, each book's positioning and boundaries, the core mechanism framework, and the China-international mapping gateway

The standard conditions of contract published by FIDIC (the International Federation of Consulting Engineers) are known as the 'rainbow suite'. The three flagship books were re-issued in second editions in December 2017: the Red Book, Conditions of Contract for Construction (works designed by the Employer, administered by the Engineer, paid on BOQ rates); the Yellow Book, Conditions of Contract for Plant and Design-Build (the Contractor designs to the Employer's Requirements); and the Silver Book, Conditions of Contract for EPC/Turnkey Projects (the Contractor takes total responsibility for design and execution, for employers seeking higher certainty of final price and time — risk tilts towards the Contractor). The 2008 Gold Book extends the chain into an operation service period (design-build-operate). Further members: the Green Book (short form), the White Book (client-consultant services agreement), the Pink Book (MDB-harmonised construction conditions) and the Emerald Book (tunnelling and underground works). Five core mechanisms: (1) the Engineer as the contract administrator appointed by the Employer, with a strengthened duty to act fairly in 2017 — functionally adjacent to, but institutionally different from, China's mandatory supervision regime; (2) Variation under Clause 13 — initiated by instruction, valued first against contract rates, provisional rates allowed in interim payments (13.3.1), with no separation of in-contract and out-of-contract work; (3) claims formalities — Notice is a defined term (1.1.56/1.3), the Notice of Claim must be given within 28 days (20.2.1) on pain of time bar, and disputes go DAAB, then amicable settlement, then arbitration; (4) the three time anchors and taking-over — commencement date, programme and time for completion, the Taking-Over Certificate at substantial completion (10.1), and delay damages as a daily, capped, often sole remedy (8.8); (5) close-out through the Defects Notification Period and the Performance Certificate (11.9/11.10) — the same names but different machinery than China's completion-acceptance, defects liability and final closure chain. China-international mapping must follow institutional difference, not literal translation (site visa is not 'site visa'; final account, not 'completion settlement'; provisional sums). The gateway: the mapping sections of 25 term entries and 15 FIDIC cards on this site.

Applicable Codes

  • FIDIC Conditions of Contract for Construction(Red Book,1999/2017 第2版)
  • FIDIC Conditions of Contract for Plant and Design-Build(Yellow Book,1999/2017 第2版)
  • FIDIC Conditions of Contract for EPC/Turnkey Projects(Silver Book,1999/2017 第2版)
  • FIDIC Conditions of Contract for Design, Build and Operate Projects(Gold Book,2008)

FIDIC conditions of contract are the most widely used standard-form system in international construction; the family is nicknamed the 'rainbow suite' after its cover colours. Readers most often need five things: which of the Red, Yellow, Silver and Gold books fits which project; what the 2017 editions changed against 1999; the role of the Engineer; the procedure and time limits for Variations and claims; and how the Defects Notification Period (DNP) links to taking-over — and, one level deeper, how Chinese cost-engineering institutions map onto the international system. This card maps the family and the core mechanisms, and navigates 15 FIDIC cards and 25 China-international term entries on this site.

Concept and mechanism

The organisation and the family. FIDIC (International Federation of Consulting Engineers) publishes standard forms for international infrastructure and construction projects, seeking to balance the parties' rights and obligations within a generally usable framework. The flagship books:

  • Red Book, Conditions of Contract for Construction: the works are usually designed by the Employer (or the Engineer); the Contractor builds to drawings and is paid on rates and prices in the bills of quantities (amendable to lump sum or cost-reimbursable); the contract is administered by the Engineer. Fit for building and civil-engineering works procured on a construct-only basis.
  • Yellow Book, Conditions of Contract for Plant and Design-Build: the Contractor designs and provides plant and works to the Employer's Requirements and bears design responsibility. Fit for plant-heavy projects where the Contractor designs.
  • Silver Book, Conditions of Contract for EPC/Turnkey Projects: the Contractor takes total responsibility for design and execution where the Employer wants a higher degree of certainty of final price and time; the risk allocation tilts towards the Contractor. Fit for process plants, power, infrastructure and similar turnkey developments.
  • Gold Book (2008), Conditions of Contract for Design, Build and Operate: adds an operation service period to the build obligations; the Contractor is not responsible for financing the project or its commercial success. Used widely by utilities and government departments. Red, Yellow and Silver appeared in second editions in December 2017 (heavily amending the 1999 editions, which remain in wide use). Other members: the Green Book (short form, small works), the White Book (client-consultant model services agreement), the Pink Book ( MDB-harmonised construction conditions) and the Emerald Book (tunnelling and underground works); the 1995 Orange Book was the forerunner for design-build and turnkey.

The core mechanism framework. (1) the Engineer: the contract administrator appointed by the Employer, issuing instructions, measuring, valuing and certifying payments; from 1999 to 2017 the role was made more neutral (to act fairly and per a code of conduct). Functionally adjacent to China's supervising engineer, but China's supervision is a statutory mandate while the Engineer is a contractual appointment. (2) Variation (Clause 13): the Engineer may instruct variations and the Contractor may object; valuation applies contract rates first, or rates converted from analogous items, or newly agreed rates — provisional rates may be included in interim payments (13.3.1). FIDIC does not distinguish who initiated the change, nor carve out off-contract work; China separates 'variation' from 'additional works'. (3) Claims and disputes: Notice is a defined contract term with formal requirements (2017: 1.1.56 and 1.3) — a non-compliant document is not a Notice; the Notice of Claim must reach the Engineer within 28 days of awareness (20.2.1) or the claim may be time-barred; disputes pass through the Dispute Avoidance/Adjudication Board (DAAB), amicable settlement and arbitration. (4) Time and taking-over: commencement date, programme and time for completion are the three anchors; delay damages (8.8) accrue daily, are capped and are often the sole remedy; at substantial completion the Engineer issues the Taking-Over Certificate (10.1), setting the date of completion and its legal chain. (5) Close-out: during the Defects Notification Period the Contractor remedies defects, and on its expiry the Engineer issues the Performance Certificate (11.9/11.10) as the signal that the contract is complete — same names, different machinery from China's completion-acceptance / defects liability / final closure chain; carry over national-standard habits at your peril.

Context of use. Projects financed by international financial institutions and overseas programmes routinely specify or borrow from FIDIC. The biggest trap for Chinese engineers is literal translation of domestic concepts: a site visa is not a 'site visa' (visa is a travel document); final account, not 'completion settlement'; provisional sums, not 'temporarily listed amounts'. For systematic comparison, see the mapping gateway below.

Card-group navigation

The site's FIDIC cards (15) and China-international term entries (25) form the comparison gateway:

The system and its roles (3)

Time and taking-over (5)

Variations and pricing (3)

Claims and formal notices (2)

Defects and close-out (2)

China-international term entries (25) Each term entry carries two sections — a concept explainer and an 'international mapping (FIDIC)' section: 不平衡报价 = unbalanced rates / rate loading; 信息价 = published price information; 基准价 = base price; 定额套用 = pricing by applying quota line items; 工程变更 = variation; 工程量清单计价 = pricing on a bill of quantities basis; 措施项目费 = preliminaries; 施工过程结算 = interim settlement by construction stage; 暂估价 = provisional sum for specified materials / nominated works; 暂列金额 = provisional sums; 最高投标限价 = tender price ceiling; 期中支付 = interim payment; 材料调差 = material price adjustment; 现场签证 = site instruction / variation record; 甲供材料 = employer-supplied (free-issue) materials; 竣工结算 = final account; 索赔 = claim; 结算审核 = final account review; 综合单价 = all-in unit rate; 缺陷责任期 = defects liability period; 规费 = statutory levies and fees; 视为认可 = deemed acceptance / deemed approval; 计日工 = dayworks; 质量保证金 = retention money; 造价鉴定 = construction cost expert assessment.

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