NEWSLETTER-2019-metin

80 NEWSLETTER 2019 Employer’s Remedies under FIDIC Silver Book* Att. Melissa Balikci Introduction This newsletter briefly explains the Employer’s remedies under FIDIC (the acronym for Fédération Internationale Des Ingénieurs- Conseils ) Silver Book (the Conditions for EPC 1 /Turnkey Projects) which is one of the most well-known contacts. FIDIC has published several standard forms of contracts and has updated them in 2017 considering the need for improvement 2 . These contract forms are very reputable and frequently used in many construction projects. As it is clear from its name, the Silver Book 3 is used for turnkey projects and this contract is one that places significant risks on the Contractor. This contract provides for a high degree of certainty on time of completion, as well as project costs. There are several remedies available to the Employer under this contract, which are: • Delay Damages; • Performance Damages; • Termination; and • Rejection. In addition to these provisions, there are clear provisions as to the rights of the Employer in case a Contractor fails to remedy a defect. * Article of October 2019 1 EPC stands for engineering, procurement and construction. 2 For an overview of the changes made to the FIDIC Contracts in 2017, please see: Çolgar, Tuna : “ Updated FIDIC Contracts ” Erdem & Erdem Newsletter, April, 2018, http://www.erdem-erdem.av.tr/publications/newsletter/updated-fidic-con- tracts/ (Access date: October 2019). 3 The below explanations are made in respect of the 2010 and 2017 versions of the Silver Book.