Red Book
The FIDIC Conditions of Contract for Construction, Second Edition 2017, for works the Employer designs. FIDIC reissued it with amendments in 2022.
NEC4 vs FIDIC 2017 · Module 1 of 10
Two contracts, one scheme
Aldermere Water lets one flood relief scheme twice, once under the ECC and once under the Red Book. Meet the people who run each version, then learn what makes a notice count.
Independent course material. It is not published or endorsed by NEC or FIDIC. Clause references are to the NEC4 ECC (June 2017 with amendments January 2023) and the FIDIC Red Book 2017 as first published. Short quotes from NEC4 (© NEC 2017) and the FIDIC Red Book (© FIDIC 2017) are used for review and comment. Read the full clauses in your own copy of the contract.
Exhibit 1The cast at Aldermere
One team, two sets of titles
| At Aldermere | ECC | Red Book |
|---|---|---|
| Aldermere Water | Client | Employer |
| Dana Whitfield | Project Manager | Engineer |
| Tom Barrow | Supervisor | Engineer’s Representative |
| Merrow Vale Civils | Contractor | Contractor |
| Owen Hale | Not in this version | Contractor’s Representative |
| Disputes | Adjudicator, Option W1 | DAAB with one member |
The same team runs both versions. The Red Book adds one role, the Contractor’s Representative.
Source: ECC 11.2(13), 24.1, W1.2. FIDIC 3.1, 3.3, 4.3, 21.1.
Key terms
Eight terms to know before you compare the two contracts
Terms in this module
Tap a term with a dotted underline anywhere in the lesson to see its meaning.
Employer
The party that orders and pays for the works under the Red Book. It matches the ECC Client, and NEC3 contracts also used the word.
FIDIC 1.1.31
Engineer
The person the Employer appoints to run the Red Book contract. The Engineer acts for the Employer, but must be neutral when agreeing or determining under Sub-Clause 3.7.
FIDIC 1.1.35
Engineer’s Representative
A person the Engineer may appoint, based on Site, with the authority the Engineer delegates by Notice. The nearest ECC role is the Supervisor.
FIDIC 3.3
Contractor’s Representative
The person who acts for the Contractor under the Red Book and alone gives and receives its Notices. The ECC has no equivalent role.
FIDIC 4.3
Notice
A formal written message labelled as a Notice and sent under Sub-Clause 1.3. An electronic Notice is deemed received the day after it is sent.
FIDIC 1.1.56
Claim
One Party’s request to the other for something it says the contract entitles it to, such as more time or money. Either Party can claim.
FIDIC 1.1.6
compensation event
An event the contract lists that can give the Contractor more money or time, such as a Scope change or unexpected ground conditions. Some can reduce the Prices.
ECC 60.1
Source: FIDIC 1.1.6, 1.1.31, 1.1.35, 1.1.43, 1.1.56, 3.3, 4.3. ECC 60.1.
One scheme, let twice
Most ECC terms have a Red Book partner, but few pairs match exactly
Exhibit 2The same idea in each contract
| ECC | Red Book |
|---|---|
| Client | Employer |
| Project Manager | Engineer |
| Supervisor | Engineer’s Representative or an assistant |
| Adjudicator | DAABDispute Avoidance/Adjudication Board |
| No set representativeThe Contract Data names key persons (24.1) | Contractor’s RepresentativeGives and receives every Notice (4.3) |
| ECC | Red Book |
|---|---|
| Scope | Specification and Drawings |
| Site Information | Site data the Employer makes available (2.5) |
| Activity ScheduleA lump sum for each activity | Bill of QuantitiesRates for measured work, in the Schedules |
| the Prices | the Contract Price |
| Defined Cost plus Fee | Cost, Cost Plus Profit or rates |
| ECC | Red Book |
|---|---|
| Contract DateThe day the contract was made: 5 January 2026 | Base Date28 days before tenders were due: 13 October 2025 |
| starting date | Commencement Date |
| Completion Date | Time for CompletionA number of days from the Commencement Date |
| Completion | Taking over, and the Date of Completion |
| Accepted Programme | Programme |
The Contract Date and the Base Date are each the date for judging what an experienced contractor could have foreseen (Module 4).
| ECC | Red Book |
|---|---|
| early warning | advance warning |
| compensation event | Claim, or a Variation |
| defects date | End of the Defects Notification Period (DNP) |
| Defects Certificate | Performance Certificate |
Module 4 compares the two routes to more time and money.
Source: ECC 11.2(4), 11.2(16), 11.2(18), 11.2(21), 11.2(32), 60.1(12). FIDIC 1.1.4, 1.1.5, 1.1.6, 1.1.85, 2.5.
How each contract is built
The ECC assembles Options, while the Red Book amends one printed text
Exhibit 3Aldermere’s contracts
ECCJune 2017, amended 2023
Contract Data
Part oneClientPart twoContractor
NamesScopeSite Information
- Core clausesalways included
- Option Cmain Option, one of A to F
- Option W1dispute Option, one of W1 to W3
- X7 and X16secondary
- No Option Zno extra conditions
Italics mark Contract Data terms, capitals defined terms (11.1).
Red Book2017, first published
General Conditions
Particular Conditions
Part AContract DataPart BSpecial Provisions
Other documents
Contract AgreementLetter of AcceptanceLetter of TenderSpecificationDrawingsSchedules
Reissued in 2022: check your printing.
Source: ECC 11.1, Z1.1. Contract Data part one. FIDIC 1.1.9, 1.1.10, 1.1.12, 1.1.59, 1.1.75.
Who does what
Under the Red Book, Tom’s powers are delegated, and only Owen sends Merrow Vale’s Notices
Exhibit 4The people
Client · PartyAldermere Water
Contractor · PartyMerrow Vale Civils
- Project ManagerDana WhitfieldAlone changes the Scope (14.3)
- SupervisorTom BarrowOwn quality powers
- Key persons includeLeila Moss, Raj Patel
The Contract Data names Dana, Tom, Leila and Raj, but none is a Party.
Employer · PartyAldermere Water
Contractor · PartyMerrow Vale Civils
- EngineerDana WhitfieldNeutral under 3.7
- Engineer’s RepresentativeTom BarrowBased on Site. Inspection and testing, delegated by Notice
- Contractor’s RepresentativeOwen HaleFull time on Site. Gives every Notice
Tom’s powers start once both Parties receive Dana’s Notice.
Source: ECC 11.2(13), 14.3, 24.1, 41.5, 43.1, 43.2. FIDIC 3.1, 3.3, 3.4, 3.7, 4.3.
Who does what
The Engineer turns neutral only when agreeing or determining under Sub-Clause 3.7
Exhibit 5Neutral, for the Employer, or as the ECC states?
“the Engineer shall act neutrally between the Parties” (FIDIC 3.7)
Action 1 of 6
…
You placed…
Neutral or impartial
- Red Book. Dana consults both Parties to agree the Cost of Claim 1, the buried concrete.
- Red Book. The Parties cannot agree the slope change, so Dana determines it.
- ECC with Option W1. The Adjudicator decides a dispute about the slope change.
For the Employer
- Red Book. Dana instructs a flatter slope on the embankment as Variation 1.
- Red Book. Dana Reviews Merrow Vale’s revised programme.
As the ECC states
- ECC. Dana replies to Leila’s compensation event notification.
Source: ECC 10.1, 14.1, W1.2(2). FIDIC 3.2, 3.7, 3.7.2.
Who does what
The Red Book bars delegating some powers, while the ECC bars none
Exhibit 6Who can act for Dana and for Owen?
Can Dana hand Tom her 3.7 work or a Notice to Correct?
No. They are the two powers an Engineer can never delegate.
FIDIC 3.4
Can Dana let a colleague reply to Leila’s notification?
Yes, once she has notified Merrow Vale of the delegate and the actions. Any Project Manager action can be delegated.
ECC 14.2
Can Owen let Leila give Merrow Vale’s Notices?
No. Owen may delegate other powers, but never giving or receiving Notices and other communications, or receiving instructions.
FIDIC 4.3
Owen doubts an instruction from Tom. What can he do?
Refer it to Dana by a Notice. It stands unless she reverses or varies it within 7 days after she receives the Notice.
FIDIC 3.4
Dana can cancel a delegation later under either contract (ECC 14.2, FIDIC 3.4). Under the ECC she may also still take a delegated action herself (14.2).
Source: ECC 14.2. FIDIC 3.3, 3.4, 4.3.
Who does what
A new Engineer needs 42 days’ Notice, but a new Project Manager needs no notice period
Exhibit 7Replacing Dana: the notice Merrow Vale gets
“not less than 42 days before the intended date of replacement” (FIDIC 3.6)
Merrow Vale may object, with reasons, in its first 14 daysThe rest of the notice period
Aldermere Water cannot appoint someone Merrow Vale reasonably objects to (3.6). Under the ECC it just names the replacement to Merrow Vale (14.4).
If Dana cannot act, for example through illness, Aldermere Water may appoint a replacement at once, by a Notice with reasons. That appointment stays temporary until Merrow Vale accepts the person or another is appointed (3.6).
Source: ECC 14.4. FIDIC 3.6.
Quick check · Who does what
Three questions on what you have just covered
Quick checkPick an answer to see if you are right and why
3 questions to answer
Source: ECC 14.4, 41.5. FIDIC 1.1.25, 1.3, 3.3, 3.4, 3.6.
Communications that count
At Aldermere an ECC reply is due within two weeks, unless a clause says otherwise
Exhibit 8The wet well design, February and March 2026
“agree to the extension before the reply is due” (13.5)
- 116 FebSubmittedECC Merrow Vale submits its wet well design for acceptance. Dana’s reply is due within two weeks, the period for reply.
- 227 FebNot acceptedECC Dana does not accept it. Her reason, no flotation check, tells Merrow Vale what to put right (13.4).
- 311 MarResubmittedECC Merrow Vale resubmits inside the period for reply, with the flotation check added. A fresh two weeks starts.
- 419 MarAgreedECC Dana and Merrow Vale agree to extend the reply to 1 April. They agree before it falls due on 25 March (13.5).
- 531 MarAcceptedECC Dana accepts the design, inside the extended period.
116 FebECC
…
ECC · period for reply2 weeksThe period for reply, set in the Contract Data. A clause may set its own time, such as one week in 61.4.
Red Book · no general period21 daysFor Dana’s Review of the same design, received 17 February, so to 10 March. Each Sub-Clause sets its own period (4.4.1).
Source: ECC 13.3, 13.4, 13.5, 61.4. FIDIC 4.4.1.
Communications that count
The Red Book counts a portal Notice from the day after it is sent
Exhibit 9When does it take effect?
“deemed to have been received on the day after transmission” (FIDIC 1.3)
ECC · takes effect…As it passes through the portal, the communication system the Scope names (13.2).
Red Book · received……
A Red Book day is a calendar day, so weekends count (1.1.25). With no system named in the Scope, an ECC communication takes effect when it reaches the recipient’s address (13.2).
Source: ECC 13.2. FIDIC 1.1.25, 1.3.
Communications that count
A Red Book Notice must say it is a Notice and come from Owen
Exhibit 10A model Notice
NOTICE
To: Dana Whitfield, the Engineer
Copy: Aldermere Water
From: Owen Hale, Contractor’s Representative
Our Notice of Claim (Sub-Clause 20.2.1) for [the event].
We became aware of it on [date].
In the Toolkit: FIDIC 2017 Claim Notices
Why it counts
- Headed as a Notice“if it is a Notice, it shall be identified as a Notice” (FIDIC 1.3)
- Sent from Owen’s own account (1.3, 4.3)
- Copied to Aldermere Water (1.3)
ECCHead it as a compensation event notification (61.3). Send it alone through the portal (13.2, 13.7). Model: Toolkit Letter 02.
Source: ECC 13.2, 13.7. FIDIC 1.3, 4.3, 20.2.1.
Communications that count
The ECC names no sender for Merrow Vale, but only Owen sends a Red Book Notice
Exhibit 11Does it meet the rules?
“including issuing and receiving all Notices and other communications” (FIDIC 4.3)
Message 1 of 6
…
You placed…
Meets the rules
- ECC. Raj, the planner, sends Merrow Vale’s early warning through the portal.
- Red Book. Owen hands Dana a signed paper Notice and gets a receipt.
Breaks the rules
- Red Book. Leila sends the Notice of Claim from her own portal account.
- ECC. Leila adds the compensation event notification to the minutes of a meeting.
- Red Book. Owen posts a portal message about the concrete but does not call it a Notice.
- ECC. Leila emails the notification to Dana instead of using the portal.
Source: ECC 13.2, 13.7. FIDIC 1.3, 4.3.
Quick check · Communications that count
Three questions on what you have just covered
Quick checkPick an answer to see if you are right and why
3 questions to answer
Source: FIDIC 1.3, 20.2.1. ECC 13.2, 13.5, 60.1(6).
When documents conflict
The Red Book ranks documents, while the ECC leaves clashes to Dana
Exhibit 12Settling a clash
ECC: no ranking
“The Project Manager states how the ambiguity or inconsistency should be resolved” (17.1)
- Dana and Merrow Vale notify each other of any ambiguity or inconsistency at once (17.1).
- A Scope change settling it favours the Party that did not write the Scope (63.10).
- Notify an illegal or impossible Scope requirement too (17.2).
Toolkit Letter 07 notifies an ambiguity or inconsistency.
Red Book: priority list
- Contract Agreement
- Letter of Acceptance
- Letter of Tender
- Contract Data
- Special Provisions
- General Conditions
- Specification
- Drawings
- Schedules
- JV Undertaking
- Other documents
After a prompt Notice of any discrepancy, Dana clarifies or instructs (1.5).
Source: ECC 17.1, 17.2, 63.10. FIDIC 1.1.10, 1.5.
On the project
Both versions share one portal, but Red Book Notices land a day later
Exhibit 13Aldermere, December 2025 to March 2026
- 122 DecSent 22 DecRed Book Dana sends her Sub-Clause 8.1 Notice of the Commencement Date through the portal.
- 223 DecReceived 23 DecRed Book The Notice is deemed received. The 28 days for the initial programme run from today.
- 320 JanProgramme dueRed Book The initial programme is due, 28 days after receipt of the 8.1 Notice.
- 46 MarEffect 6 MarECC Leila’s compensation event notification goes through the portal on its own. It takes effect that day.
- 56 MarSent 6 MarRed Book Leila drafts the Notice of Claim, headed as a Notice. Owen sends it from his own portal account.
- 67 MarReceived 7 MarRed Book The Notice of Claim is deemed received, a day after the ECC notification took effect.
- 713 MarReply dueECC Dana’s one week to reply to Leila’s notification ends (61.4).
122 DecRed Book
…
ECC · sent 6 MarchSame dayLeila’s notification takes effect as it passes through the portal
Red Book · sent 6 MarchNext dayOwen’s Notice of Claim is deemed received on 7 March
Red Book only: the Letter of Acceptance arrived by hand on 15 December 2025 and the DAAB was appointed on 8 January 2026. Both versions start on 12 January, the starting date in the ECC and the Commencement Date in the Red Book.
Source: ECC 13.2, 13.7, 61.4. FIDIC 1.3, 4.3, 8.1, 8.3, 21.1.
Quick check · Documents and the project
Two questions on what you have just covered
Quick checkPick an answer to see if you are right and why
2 questions to answer
Source: FIDIC 1.3, 8.3. ECC 17.1, 63.10.
Watch out
Six mistakes to avoid
Exhibit 14Common mistakes
Only Owen can give it.
FIDIC 1.3, 4.3A portal Notice arrives next day.
FIDIC 1.3Only 3.7 work is neutral.
FIDIC 3.2, 3.7Send each one on its own.
ECC 13.7Agree it before the reply is due.
ECC 13.5Notify the clash to Dana.
ECC 17.1Source: ECC 13.5, 13.7, 17.1. FIDIC 1.3, 3.2, 3.7, 4.3.
Summary
The rules side by side
Exhibit 15Two contracts, one scheme at a glance
| Topic | ECC | Red Book |
|---|---|---|
| How it is built | Core clauses plus the chosen Options, with Contract Data in two partsContract Data part one | The printed General Conditions, changed by the Particular Conditions (Parts A and B)Sub-Clauses 1.1.9, 1.1.59 |
| Runs the contract | The Project Manager, named by the Client. Not a Party. Alone changes the ScopeClauses 11.2(13), 14.3 | The Engineer, appointed by the Employer. Not a PartySub-Clauses 3.1, 1.1.60 |
| How they act | As the contract states, with mutual trust and co-operationClauses 10.1, 10.2 | For the Employer, but neutrally when agreeing or determining. No power to amend the ContractSub-Clauses 3.2, 3.7 |
| Site inspection | The Supervisor, with powers of its own over tests and DefectsClauses 41.5, 43.1, 43.2 | The Engineer’s Representative or assistants, with delegated authority onlySub-Clauses 3.3, 3.4 |
| Topic | ECC | Red Book |
|---|---|---|
| Delegation | Any action, once the Contractor has been notifiedClause 14.2 | By Notice to both Parties. Never 3.7 work or a Notice to CorrectSub-Clause 3.4 |
| Replacement | The Client names the replacement to the Contractor. No notice periodClause 14.4 | Notice at least 42 days ahead. The Contractor may object within 14 daysSub-Clause 3.6 |
| Contractor’s side | No set representative. The Contract Data names its key personsClause 24.1 | The Contractor’s Representative gives and receives every NoticeSub-Clause 4.3 |
| Topic | ECC | Red Book |
|---|---|---|
| Replies | Within the period for reply, unless a clause says otherwise. Extended only by agreement before it is dueClauses 13.3, 13.5 | No general period. Each Sub-Clause sets its own, such as 21 days for a ReviewSub-Clause 4.4.1 |
| Form | Sent “in a form which can be read, copied and recorded” (13.1). Each notification goes separatelyClause 13.7 | In writing, identified as a Notice, from the named person’s own addressSub-Clauses 1.3, 4.3 |
| Takes effect | As it passes through the Scope’s system. Without one, on arrival at the recipient’s addressClause 13.2 | When received. A portal Notice is deemed received the next daySub-Clause 1.3 |
| Conflicting documents | No order of precedence. The Project Manager states how to resolve itClause 17.1 | A priority list. After a Notice, the Engineer clarifies or instructsSub-Clause 1.5 |
Source: ECC 10.1, 10.2, 11.2(13), 13.1, 13.2, 13.3, 13.5, 13.7, 14.2, 14.3, 14.4, 17.1, 24.1, 41.5, 43.1, 43.2. FIDIC 1.1.9, 1.1.59, 1.1.60, 1.3, 1.5, 3.1, 3.2, 3.3, 3.4, 3.6, 3.7, 4.3, 4.4.1.
Check your understanding
Five questions
Quiz
Source: see each answer.
Module 1 complete
You can now find your way round both contracts
Your quiz scoreNot taken yet
You can now
- Find your way round each contract and check its printing.
- Say who does what under each contract, on both sides.
- Explain when the Engineer must act neutrally.
- Send a communication that counts, and work out when it takes effect.
- Translate terms and deal with documents that conflict.
Independent course material. It is not published or endorsed by NEC or FIDIC. Clause references are to the NEC4 Engineering and Construction Contract (June 2017 with amendments January 2023) and the FIDIC Conditions of Contract for Construction, Second Edition 2017 as first published. The project and the people are invented. Short quotes from NEC4 (© NEC 2017) and the FIDIC Red Book (© FIDIC 2017) are used for review and comment. Read the full clauses in your own copy of the contract.
Source: NEC4 ECC (June 2017, amended January 2023). FIDIC Red Book 2017 as first published.