Errors In The Employer's Requirements Under FIDIC Contracts: Legal Implications And Lessons Learned

Errors in the Employer's Requirements ("ER") are a recurring source of disputes in international construction projects governed by International Federation of Consulting Engineers ("FIDIC") contracts. These requirements define the project's technical and functional criteria, and errors can have significant legal and financial consequences for both employers and contractors.

This note examines how such errors are treated under the FIDIC Yellow and Silver Books, analyses arbitral interpretations, and offers practical drafting recommendations.

What Are the Employer's Requirements?

According to the FIDIC Yellow Book, which provides conditions of contract for contractor design contracts, and the Silver Book, which concerns Engineering,¹ Procurement, and Construction turnkey projects, the Employer's Requirements are "the document entitled employer's requirements, as included in the Contract, and any additions and modifications to such document in accordance with