Orange Book – Conditions of Contract for Design-Build and Turnkey (First Edition 1995)
Guidance for the Preparation of the Particular Conditions
Forms of Tender and Agreement
The Orange book was published in 1995 to provide a design and build option to the then current FIDIC suite. This standard form was the first FIDIC contract to adopt the current FIDIC style of drafting and was used as a template for the drafting teams when preparing the 1999 suite of contracts.
Since the publication in 1999 of the latest Red and Yellow Books there is now less focus on this standard form and It is now likely that an Employer requiring a design and build or turnkey project would elect to use a 1999 Edition FIDIC Yellow Book form for design and build or a FIDIC Silver Book form for Turnkey works.
The Orange Book was drafted for use where the Contractor carried total liability for design. Such single-point responsibility can be advantageous, but these benefits must be weighed against the by reduced control over the design process and the increased difficulty in varying requirements during the design or construction phases.
The Orange Book is intended for use on turnkey contracts, where Employer’s requirements usually include provision of a fully equipped facility, ready for operation at the turn of a key. The exact Employer requirements will need to be fully detailed to describe the design, construction, fixtures, fittings and equipment required to be included in the Contractor‟s design.
Where it is necessary or preferred to impose a requirement for the Contractor to operate the Works, either for a few months’ commissioning period, or for some years’ operation on a build-operate-transfer basis then the FIDIC Gold Book may now be more appropriate.