International Construction Law Review
Observations on the FIDIC Construction Subcontract 2011 – PART 21
Götz-Sebastian Hök2 and Siobhan Fahey3,4
In late 2011 FIDIC published the FIDIC Subcontract for Construction, First Edition (in this paper referred to as the “FIDIC Subcontract”) for use where the main contract is based on the FIDIC Conditions of Contract for Construction 1999 (in this paper referred to as the “Main Contract”). If it is to be used where the main contract is based on the FIDIC Multilateral Development Bank harmonised edition, then necessary amendments are needed to reflect the significant differences between this harmonised edition and the FIDIC Conditions of Contract for Construction 1999.
1. INDEMNITY CLAUSE UNDER THE FIDIC SUBCONTRACT
In Part 1 of this paper the sub-contractor’s duties and obligations were discussed5. In summary, the sub-contractor’s obligations are as follows:
- (1) the sub-contractor’s primary obligation is to design (to the extent specified), execute and complete the subcontract works and remedy any defects (sub-clause 4.1);
- (2) the sub-contractor’s secondary obligations are:
1 This paper is Part 2 of a two-part paper, Part 1 was published in [2015] ICLR 325.
2 Sebastian Hök is the current legal advisor of the FIDIC Task Group for the Design & Build Subcontract.
3 Siobhan Fahey is a member of the FIDIC Contracts Committee, a member of the FIDIC Task Group for the Construction Subcontract and the Chairwoman of the FIDIC Task Group for the Design & Build Subcontract.
4 Both authors express their own personal views on the subject matter. It should be noted that this paper is not drafted to represent FIDIC views.
5 See [2015] ICLR 326
et seq.
Pt 4] Observations on the FIDIC Construction Subcontract 2011
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