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The “Product”—that which is to be constructed for the Employer by the Contractor under each of the five core FIDIC construction contracts 1 —is fundamentally shaped by the Contract between the Parties, irrespective of whether the product has been fully documented by the Employer, as the Red and MDB Books contemplate, or developed from the Employer’s Requirements by the Contractor, as contemplated in the Yellow, Silver and Gold Books.
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