Conditions of Contract for Underground Works - The Emerald Book Sees the Light of Day

摘要

The construction of tunnels and Underground Works carry unique and challenging risks. Projects which involve working underground are growing, particularly in areas involved with urban infrastructure, transportation and hydro energy. The joint enterprise task force of specialists drawn from FIDIC and ITA - AITES - has produced the "Emerald Book": a new standard form contract purpose-designed to accommodate the range of issues typically faced in underground construction to ensure an equitable allocation of risk and efficient management. The commercial risks associated with Underground Works are principally sourced from the "known unknown" of significant geotechnical uncertainty. Projects in this sphere generally involve uncertain subsurface conditions not fully ascertainable during the tender bidding process. The Emerald Book conditions include several new concepts designed to accommodate risks unique to Underground Works. These include: the central role of a Geotechnical Baseline Report; adjustment of Time for Completion; Adjustment of the Contractor's Remuneration; and guidance as to the Preparation of Tender Documents and the Selection of Contractors. The Emerald Book promises to have numbers of advantages to significantly enhance the prospects of successful outcomes in Underground Works projects.