FIDIC 2017 – Making the contractor’s “design” obligations effective – FIDIC clause 5.1

In Design & Construct contracts, and especially in performance contracts, the nature and scope of the Contractor’s design obligations need to be clear and comprehensive.

The FIDIC 2017 updates, in forms such as the Yellow Book, did very little to expand and detail the scope of the Contractor’s design obligations.

The FIDIC standard form can leave an Employer struggling for remedies where plant or equipment or engineering systems fail to meet their performance requirements.

This topic is discussed and further and additional wording is offered to address the issue.

Technical Note: FIDIC 2017 – making the Contractor’s “design” obligations effective – FIDIC clause 5.1