FIDIC Contracts (pre–2017 editions)—defects


Published by a ½Û×ÓÊÓƵ Construction expert
Practice notes

FIDIC Contracts (pre–2017 editions)—defects


Published by a ½Û×ÓÊÓƵ Construction expert

Practice notes
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This Practice Note looks at how defects are dealt with under the FIDIC Red, Yellow and Silver Books (pre-2017 editions). For defects under the 2017 editions, see Practice Note: FIDIC Contracts 2017—defects. For a more general discussion on defects, see Practice Note: Defects claims in construction.

What is a defect under FIDIC contracts?

As with many standard form contracts, FIDIC does not contain a definition of ‘defect’.‘Defect’ generally means that some of the work or materials does not conform with the requirements of the contract (for further commentary on the meaning of this term, see Practice Note: Defects claims in construction — What is a defect?). Clause 4.1 provides that the Contractor shall design, execute and complete the Works in accordance with the Contract, and shall remedy any defects in the Works. Clause 11 provides that the Contractor should ensure that Works are in the condition required by the Contract by the expiry of the relevant Defects Notification Period (DNP) or as soon as practicable thereafter; this obligation includes the execution of all work required to remedy defects or damage

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