The Concept Of Defects In FIDIC White Book

• Published date: 15 January 2024
• Law Firm: Kromann Reumert
• Author: Jan Hvarre, Trine Gydemand Bielefeldt and Cecilie Anthony Berno Hald

In this article, we discuss when a consultant's services will be deemed defective and the position of the parties in the event of defects if the contractual basis is FIDIC White Book.

What is FIDIC White Book?

FIDIC White Book ("FWB") is an international counterpart to the Danish General Conditions for Consultancy Services for Building and Construction Works (ABR18).
FIDIC is an acronym for Fédération Internationale des Ingénieurs-Conseils and is characterised by being a set of rules that can be applied across national borders.

Thus, the advantage of FIDIC is that foreign consultants do not have to study completely new (national) regulations every time they bid for international consultancy assignments. This is highly attractive as it opens up a wider range of competences for the given assignment, for example in connection with large and complex construction projects.

Be careful to specify the background law: It is important to specify the background law in clause 1.4.1 of the Particular Conditions. If it is a Danish project or client, the background law will probably be Danish. If the chosen background law is not Danish, you should consult a lawyer in the relevant country about the local meaning of the terms used in the FWB.

In this article on the FIDIC White Book, you can...