FIDIC / Legal Reference: FIDIC Red Book Clause 11
The period following the issue of the Taking Over Certificate during which the contractor remains liable to rectify defects in the Works. Under FIDIC, the DNP is typically 12 months and runs from the date of Taking Over, not from project completion.
What it means in practice
During the DNP, the Engineer may instruct the contractor to rectify any defects, shrinkages, or other faults that appear and are attributable to the contractor. If the contractor fails to comply with a rectification instruction, the employer may carry out the work at the contractor’s cost. The DNP clock starts from the date of issue of the Taking Over Certificate.
At the expiry of the DNP, and once all identified defects have been rectified, the Engineer issues the Performance Certificate under Clause 11.9. This marks the formal end of the contractor’s obligations and triggers release of the remaining retention and performance security.
Where disputes arise
Employers sometimes attempt to use the DNP as an extended warranty period, instructing the contractor to rectify items that are fair wear and tear or normal maintenance. Disputes also arise over whether defects are contractor-caused or attributable to employer’s design — particularly in Yellow Book contracts.
UAE Context
UAE Civil Code Article 880 imposes a separate 10-year decennial liability for structural defects regardless of the DNP. Contractors should be aware that DNP expiry does not eliminate all post-completion liability under UAE law.
Related terms
Disputes over defect liability and the scope of DNP obligations are a regular feature of UAE final account negotiations. e-Basel provides advisory and expert witness services on defects claims.
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