As part of the Chinese government`s Belt and Road Initiative (BRI), it may be possible to introduce this latter supplement to the FIDIC family. The publication of the “Yellow Book” subcontracting coincides with a phase of intensification of FIDIC`s activities to encourage the use of its series of contracts by the Chinese construction industry. In July 2019, FIDIC signed a Memorandum of Understanding (“MoU”) with the China International Contractors Association (“CHINCA”) to improve cooperation between international and Chinese companies2. In January 2020, FIDIC included another MoU with the China Association of International Engineering Consultants (“CAIEC”3), which aimed to improve trade cooperation, while BIS projects were one of the main points of interest. FIDIC President Bill Howard called the above agreement “another important step in FIDIC`s efforts to cooperate with the Chinese construction industry in a global partnership.” 4 In November 2019, the Asian Infrastructure Investment Bank (AIIB) signed a five-year contract for the use of FIDIC5 contracts. Nevertheless, there are still some risks that cannot be passed on, such as the subcontractor`s right to time and money when subcontractors are disrupted by the “non-work” of other subcontractors (subsection 6.1), which exposes the principal contractors to rights. In short, subcontracting must operate on the usual back-to-back basis, and it is not surprising that the subcontracting provides for a direct total failure of risk, with the subcontractor assuming the obligations and obligations of the contractor under the contractor for the subcontracting work. This includes the purpose of each construction work, which is not included in the 1994 version. 1 The International Federation of Consulting Engineers. 2 FIDIC signs a groundbreaking cooperation agreement with china International Contractors Association, International Federation of Consulting Engineers, 22 July 2019, available at fidic.org/node/23602. 3 FIDIC signs a pioneering cooperation agreement with the China Association of International Engineering Consultants, International Federation of Consulting Engineers, 17 January 2020, available at fidic.org/node/27420. 4 Ebd.
5 Asian Infrastructure Investment Bank has signed a five-year contract for the use of FIDIC, International Federation of Consulting Engineers, November 26, 2019, available at fidic.org/node/26488. 6 For projects in England, Wales and Scotland may, for example, violate Part II of the Housing Grants, Construction and Regeneration Act 1996 (as amended by Part 8 of the Economic Development and Construction Act in 2009). The contractor retains responsibility for coordinating and managing the main work, including the coordination of all other subcontracting packages. While the subcontractor is required to cooperate with all other subcontractors employed by the contractor, it is the supplier who is responsible for the fact that other subcontractors do so. To the extent that the subcontractor is delayed, hindered or prevented from fulfilling its obligations due to the absence of other subcontractors, the subcontractor is entitled to an additional amount of time and money. “In parts of the world where paid provisions are not authorized by law, the guidelines for setting certain conditions on the back of the new subcontract give the example of subcontracting clauses.