This article examines some of the most commonly made amendments
to the standard FIDIC Forms of Contract by both Employers/Owners
and Contractors. For this purpose, we have considered FIDIC's
Silver and Yellow Books since these design and build contracts are
the most commonly used forms of FIDIC Contract for major
infrastructure and energy projects and are the pre-eminent form
used in the Middle East and Africa.
In no particular order, Employers often seek to amend these
FIDIC Contracts in the following ways:
1. The Silver and Yellow Books are both relatively light on
warranties from the Contractor. Employers will often replace Clause
4.1 in both Silver and Yellow Books with a bespoke set of
warranties. Whilst both Silver and Yellow Books provide a fitness
for purpose warranty from the Contractor, further provisions are
often added providing a design standard (notwithstanding the
fitness for purpose obligation), adding warranties in relation to
the use of prohibited
