Construction Law/site data


Hi Mr.Dowse,

Recently I've been involved in a series of projects (fidic, yellow book, edtiton 1999) and I face a typical problem. Many contractors haven't scrutinized the employer's requirements with due care and after the commencement date raise a question about missing information (in the current case in the design brief the employer has tried to define the design parts which must be produced by the contractor e.g. architectural, structural and etc. but has forgotten to include the electrical part) which an experienced contractor would have discovered.
The question is whether the engineer can respond with disapproval to such claim based on sub -clause 4.10, para 2 "To the same extent, the contractor.........., and to have been satisfied before submitting the tender as to all relevant matters, including (without limitation).

Best regards

Dear Radoslav,

Thank you for this question.

In principle the approach you have suggested is correct; however in practice matters are rarely as simple.

The information you have provided indicates that the Employer has tried to define which design parts must be produced by the Contractor. As the contract form is FIDIC Yellow book the starting point is that the Contractor will design all parts; the inclusion of the information as you have indicated could change this. If the Employer has indicated which parts the Contractor is to design it can be assumed, quite reasonably, that any omission, no matter how obvious, is then outside of the Contractor's scope of work.

Without seeing the documents for myself I suggest that the situation as you have described it could give the Contractor the basis of a valid claim.

I hope that this assists you.

Kind regards,
John Dowse

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John Dowse


Legal; contract interpretation; quantum; delay analysis. Practitioner in arbitration, adjudication and mediation.


Thirty-three (33) years experience in building and construction, at all levels both within contracting and consulting organisations. Practising arbitrator, adjudicator, and mediator. Faculty approved trainer for the Chartered Institute of Arbitrators. Lecturer on construction contract forms and dispute resolution practices.

Chartered Institution of Civil Engineering Surveyors Chartered Institute of Arbitrators Institute of Directors Society of Construction Arbitrators

Various UK and International construction and legal publications.

LLB (Hons), Pg Dip (Legal Practice), MCInstCES MCIArb MIOD Barrister

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