Construction Law/Difference Between Two Clauses
I am grateful, if you would kindly clarify the following points.
General Conditions of Contract: FIDIC MDB June 2010
1.0 The last paragraph of clause 1.5 on Priority of Documents specifies as, “If an ambiguity or discrepancy is found in the documents, the Engineer shall issue any necessary clarification or instruction.”
2.0 The last paragraph of clause 1.8 on Care and Supply of Documents specifies as, “If a Party becomes aware of an error or defect in a document which was prepared for use in executing the Works, the Party shall promptly give notice to the other Party of such error or defect.”
When comparing these two clauses available in FIDIC MDB June 2010 and FIDIC 1999,
there is no any difference in clause 1.5
In clause 1.8, the only difference is the “---- error or defect of a technical nature -----“in FIDIC 1999 instead of “---- error or defect -----“in FIDIC MDB June 2010.
What is the difference between the above 2 clauses
The entitlements of the affected Party.
As you know that when FIDIC issues a contract document and circulates to use, feedback from the users, i.e. from contrator's, employer's and consultant's starts to arrive and upon collecting case studies, some modifications may be reflected in the next version. The difference between 2010 MDB version and Redbook 1999 on this specific clause of 1.8 is the limitation of error as "technical nature" through 1999 version. Therefore, this clause brings a condition to error being technical nature such as drawings, technical specifications, etc. This is the only difference.