This principle also applies to persons subject to payments and one thing that will be particularly important for those operating in the UK market is the inclusion of the terms paid. This naturally goes against the payment requirements of the Housing Grants Act. FIDIC has introduced specific guidelines and conditions to support parties operating in the UK1 and other jurisdictions with similar legislation. However, subcontractors who were previously present in the UK market must pay particular attention to what the main payment contract says. The need for fidic to subcontract the red book was born for many reasons, perhaps because FIDIC had not produced one since 1994 and which was designed to be used with the old 4th edition of the Red Book. But this new project is also particularly important for multilateral development banks, which required subcontracting, in the form of forms, to be concluded in an “internationally recognized form”. The new subcontracting, which is currently available as a trial, is called FIDIC subcontracting conditions for construction. Over the past 12 months, FIDIC`s situation has not improved. These include introducing a new subcontracting to be used with the Red Book – the FIDIC construction contract, 1st edition in 1999 – and also some modifications to the Pink Book, the version of the Red Book used by the Multilateral Development Banks. There are a number of new provisions, including subsection 8.4 additional programming obligations, and, at 15.3, the right of a subcontractor to recover lost profits if the contractor has the right to recover the shortfall under the red book termination provisions. Whereas under section 16, the subcontractor may suspend the benefit and ultimately terminate in the event of persistent non-payment. As always, fidic has paid close attention to the dispute resolution provisions of subcontracting. Outsourcing involves dispute resolution procedures.
The time it takes to notify and process claims is shorter in the subcontracting than in the main order, in order to allow subcontractors to transmit them. The subcontractor must ensure that additional time or cost is only provided if it meets the essential requirements of the contract notice. In addition, the sub-contract provides for a suspension period which provides that the parties must defer 112 days after the listing of a right to each DAB procedure (and here, in the case of the ATM, it is an ad hoc procedure, unlike the usual permanent ATM in the Red Book) in the context of the 112-day subcontracting, in order to give the contracting person time to resolve the dispute under the main contract. Therefore, this suspension period “quantifies” the simple “Best Endeavours” requirement contained in other standard forms requiring the contractor to assert distribution rights under the main contract. In addition, the sub-mandate includes alternative dispute resolution options for subcontracting use, for which (i) subcontracting is such that the parties prefer a simpler dispute resolution procedure (i.e.: