FIDIC contracts 2017—performance and testing requirements

The following Construction practice note provides comprehensive and up to date legal information covering:

  • FIDIC contracts 2017—performance and testing requirements
  • Manner of execution
  • Testing provisions
  • Inspection
  • Clause 7.3—Inspection
  • Testing during execution of the Works
  • Clause 7.4—Tests
  • Clause 7.5—Defects and rejection
  • Tests on Completion
  • Clause 9.1
  • More...

FIDIC contracts 2017—performance and testing requirements

This Practice Note examines the performance and testing provisions of the 2017 editions of the Red, Yellow and Silver Books. It looks at testing during execution of the works and tests on and after completion. For details of the performance and testing requirements under the 1999 editions of the Red, Yellow and Silver Books, and under the Pink and Gold Books, see Practice Note: FIDIC contracts (pre-2017 editions)—performance and testing requirements.

In any construction contract, a key concern for both employers and contractors is knowing when the works will be considered ‘complete’. The employer wants to be sure that the works are fully constructed in accordance with the requirements of the contract, and the contractor will want to know what such requirements are, and what it needs to do to satisfy them. Therefore, it is essential that the contract makes it clear exactly what the performance requirements are. In the 2017 editions of the FIDIC Red, Yellow and Silver Books, the performance and testing requirements are predominantly set out in clauses 7, 9 and 12 (in the Yellow and Silver Books). The provisions are substantially similar to those in the 1999 editions of these contracts, but in line with the changes to the 2017 editions generally, there are more notices to be served by both parties than is the case

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