This statement is true. The FIDIC Yellow and Silver Books (2017 editions) include a clear provision that the Works, or the parts designed by the Contractor, must be fit for their ordinary purposes, reflecting the Contractor’s responsibility for design and performance. This introduces an express fitness-for-purpose obligation, which was less explicit in earlier editions.
This provision clarifies risk allocation related to design liability, ensuring that the Contractor is accountable for the fitness of the designed works unless otherwise specified.
[References:, , FIDIC Yellow and Silver Books 2017 Edition, Sub-Clause 4.1 – Contractor’s General Obligations, , FIDIC Contract Manager Study Guide, Module on Legal Obligations and Fitness for Purpose]
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