In contrast, case law regarding FIDIC White Book is scarce and may leave more room open to interpretation and uncertainty.Ĭhoosing the ABR 18 terms will – unless explicitly deviated from – be a choice of arbitration at the Danish Building and Construction Arbitration Board (VBA). This allows for more predictability in case of a dispute between the client and consultant. If Danish law is chosen as the governing law of the contract, it should be considered that the ABR 18 terms (and its predecessors) have been tried and tested within Danish case law. If any deviations are made, they must be clear and explicit. In addition, deviations from these terms are not expected.
With its 63 clauses, ABR 18 sets out in greater detail the responsibilities and duties of the parties compared to the FIDIC White Book. These conditions are supposed to address particular projects and commercial issues between the parties. More specifically, the FIDIC White Book’s general conditions consist of 10 clauses.Ĭonsequently, more room is made for individual clauses in particular conditions. The FIDIC White Book is less comprehensive than ABR 18 and has a lesser level of detail. The FIDIC White Book sets out the basic minimum requirements for the contract between the client and consultant. When preparing a project in Denmark with both local and foreign aspects, this gives rise to the following question in the relation between the client and consultant: Should I choose FIDIC White Book or the locally used general conditions for consultancy services for building and construction works (ABR 18)? Are you aiming for the standard package or tailored terms?
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