The Enforceability and Applicability of the FIDIC Suite of Contract in Nigeria

Introduction

The construction industry in Nigeria is a rapidly evolving sector that plays a significant role in the country’s economic development. However, its development is often marred by challenges such as contract disputes, delays, and cost overruns. To mitigate these issues and foster a more efficient and predictable construction environment, the adoption of standardised contract forms has become increasingly prevalent. Among these, FIDIC con-tracts, renowned for their comprehensive and internationally recognized provisions, offer a potential solution. While their use is on the rise in Nigeria, understanding the intricacies of their enforceability within the country’s legal framework is paramount for stakeholders in the construction sector. This analysis will delve into an overview of the FIDIC suite of con-tracts, their relevance to Nigeria’s construction industry, and the legal challenges and opportunities surrounding their implementation.

An Overview of the FIDIC Suite of Contracts

FIDIC, an acronym for Fédération Internationale Des Ingénieurs Conseils, which translates to the International Federation of Consulting Engineers. In addition to being an international standards organisation for consulting engineers, FIDIC is well-known for producing a suite of standard contract forms specifically designed for the construction and engineering in-dustries. These contracts are widely used in international engineering and construction projects.
Contractors often choose FIDIC contracts because of their numerous advantages, including their global recognition, simplicity, clarity, and adaptability. FIDIC contracts provide comprehensive coverage of all aspects of construction works, making them highly versatile for various project types. They streamline project management by clearly defining the roles and responsibilities of the parties involved, fostering efficiency and ease of business. Due to their reputation for being straightforward yet detailed, FIDIC contracts remain a preferred choice for international projects, ensuring consistency and legal reliability across jurisdic-tions.
FIDIC contracts are often identified by their color-coded covers. One of their key advantages is the consistent use of definitions and standardised clause structures across all contract types. This ensures that terms have the same meaning throughout the suite, enhancing clarity and understanding. As FIDIC contracts were drafted by engineers, it’s common for projects using FIDIC to be supervised by an engineer employed by the contractor.