Design Risk in FIDIC Contracts

Michael Black QC

March 2005

A paper based on a talk given to a meeting of the King's College
London Construction Law Association in London on 11th November 2004

This paper examines the legal and commercial considerations affecting
the quality of design in the context of the identification, allocation
and management of risk, in particular focusing on the FIDIC ed,
Yellow and Silver Books. The author considers the contract terms
themselves in relation to fitness for purpose and site conditions,
and considers the common law position in relation to responsibility
for design - whether fitness for purpose or reasonable skill and
care. He contrasts the standard of care in a number of other jurisdictions.
Go goes on to discuss the distinction between fitness and skill and
care obligations, and the rationale for FIDIC's position and criticism
of it. He also reviews 'best practice' in the UK (Treasury and OGC
guidance).

Introduction - Design risk - The contract terms - The legal context
- Discussion - Conclusions.

The author: Michael Black QC is a practising barrister, arbitrator
and Visiting Professor of Construction and Engineering Law at the
School of Mechanical, Aerospace and Civil Engineering, University
of Manchester.

Text: 15 pages

PDF file size: 87k