FIDIC Accepting Defective Work Under FIDIC — Valuation and Deduction The employer is not obliged to require remediation of all defects. Where defects are minor or where remediation cost is disproportionate, the employer may accept the defect and deduct a fair value reflecting the diminution in the building’s worth or its fitness for use. 6 …
Category: FIDIC
Analysis of FIDIC contracts — Red, Yellow, Silver and Gold Books, 1999 and 2017 editions, in UAE practice.
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May 23
Defective Design by the Contractor — Liability and Remedies
FIDIC Defective Design by the Contractor Under FIDIC — Liability and Remedies Design-and-build FIDIC contracts place design risk on the contractor. Where design is defective, the contractor is liable — but only where the design fails to meet the standard of reasonable skill and diligence, and only to the extent that design approval has not …
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May 23
Engaging Others to Remedy Defects Under FIDIC | E-Basel
FIDIC Engaging Others to Remedy Defects Under FIDIC — Procedure and Cost Recovery When the contractor fails to remedy defects within a reasonable time, the employer can engage third parties — but only if the contractual procedure is followed precisely. Procedural failures defeat the cost deduction, even where the remediation itself is clearly needed. 6 …
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May 23
Defects Liability Period Under FIDIC | E-Basel
FIDIC The Defects Liability Period Under FIDIC — Contractor Obligation and Process The defects liability period is when the contractor remains responsible for quality — a contractual mechanism giving the employer time to identify defects and require their remedy before final release of the contractor. 6 min read · Updated 23/05/2026 By Basel Al Najjar …
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May 23
Quantum Meruit Under FIDIC | E-Basel
FIDIC Quantum Meruit Under FIDIC — Recovery Where No Price Exists Where a FIDIC contract is incomplete, ambiguous, or where work is performed outside the contract scope without an agreed price, quantum meruit may provide recovery — but on a fair value basis, not necessarily the contract price or the contractor’s tender rate. 5 min …
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May 23
Payment for Unfixed Materials Under FIDIC | E-Basel
FIDIC Payment for Unfixed Materials Under FIDIC — Protection and Risk Materials represent significant cash flow timing in construction. Paying for expensive long-lead items before they are fixed in the works is commercially necessary but carries insolvency risk. FIDIC contracts address this through specific conditions and property vesting provisions. 6 min read · Updated 23/05/2026 …
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May 23
Practical Completion Under FIDIC | E-Basel
FIDIC Practical Completion Under FIDIC — Definition, Certificate, and Effects Practical completion is the transition point from construction to use. It is the milestone at which the contractor’s primary obligation ends, retention begins to be released, and the defects liability period begins. Understanding what constitutes practical completion — and when the certificate should be issued …
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May 23
Final Certificate Under FIDIC | E-Basel
FIDIC The Final Certificate Under FIDIC — Conclusive Effect and Time Limits The final certificate is the endpoint of a FIDIC project — it certifies the financial settlement and the completion of the contractor’s obligations. Once issued, and if unchallenged within the time limit, it becomes conclusive evidence of specified matters. Missing the challenge window …
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May 23
Retention Under FIDIC | E-Basel
FIDIC Retention Under FIDIC — Security, Release, and Insolvency Risk Retention is one of the most commercially contentious features of FIDIC contracts. It represents significant credit risk — and that risk falls on the contractor unless specific protections are in place. 7 min read · Updated 23/05/2026 By Basel Al Najjar Civil Engineering Consultant, DIAC …
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May 23
Interim Payment Under FIDIC | E-Basel
FIDIC Interim Payment Under FIDIC — Certification, Notice, and Cash Flow The interim payment mechanism is the contractor’s lifeline for project financing. Understanding the payment procedure, the engineer’s duties, and the contractor’s rights to payment protection is fundamental to effective cash flow management on FIDIC projects. 6 min read · Updated 23/05/2026 By Basel Al …
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Authority Bio
About the Expert
Basel Al Najjar
Civil Engineering Consultant · Accredited Expert Witness
Arbitrator · Senior Project Manager
Specialising in construction claims, FIDIC contracts, and dispute resolution across the UAE. Acting as Arbitrator, Tribunal Chairman, and Independent Expert in high-value, multi-party disputes.
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