FIDIC 2017 Red, Yellow and Silver: defects liability, testing, Defects Notification Period, rectification, variations, performance certificate and termination
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Practice notes
This Practice Note closely examines how defects are addressed under the FIDIC Red, Yellow and Silver Books (2017 editions). For guidance on earlier forms and how they approached such issues, see Practice Note: FIDIC Contracts (pre–2017 editions)—defects. For a wider overview and context on defects, refer to Practice Note: Defects claims in construction.
What is a defect under FIDIC contracts?
As with many standard forms, FIDIC gives no express definition of ‘defect’. In general terms, a ‘defect’ arises where any part of the works or materials fails to comply with the contractual requirements (see Practice Note: Defects claims in construction — What is a defect? for further analysis). Clause 4.1 states that the Contractor must design, construct and complete the Works, and make good any defects, in accordance with the Contract (‘execute the Works’ is defined at clause 1.2(j)). Under clause 11, the Contractor is to ensure the Works meet the contractual condition by the end of the applicable Defects Notification Period (DNP), or as soon as reasonably practicable thereafter; this duty extends to carrying out all necessary tasks to rectify defects or damage where Notice was issued before the DNP expired). Responsibility for defects and...
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Web page updated on 21/05/2026
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