Design Risk in Construction Contracts: The FIDIC Contracts and Civil law perspective

Abstract: Design Risk-sharing is a crucial element in the construction project contract. The Design responsibility is associated with liability for the errors, omissions, and deficiencies. The duration of the design liability varies from a short term of the project duration, the defect notification period, and up to the decennial liability for ten years starting from the Taking over of the work.Various design issues arise in the contract execution phase, requiring a consistent contract document to manage the design issues. It is not uncommon that significant numbers of construction claims and disputed projects are due to design issues. This paper discusses the design risk in construction projects from the perspective of the FIDIC suite of Contracts and civil law. The paper provides a comprehensive overview of the aspects and risks inherent with the design risk and the proper risk-sharing approach. The author provides a Design Risk Management Matrix that guides the practitioners during the contract drafting process to consider the criticality of the design risk-sharing requirements. Keywords: Design Risk-sharing, crucial element, construction project. Title: Design Risk in Construction Contracts: The FIDIC Contracts and Civil law perspective Author: Ahmed Elsayed, Amira Metwally, Dr. Moustafa Abu Dief International Journal of Civil and Structural Engineering Research ISSN 2348-7607 (Online) Vol. 10, Issue 1, April 2022 - September 2022 Page No: 28-37 Research Publish Journals Website: www.researchpublish.com Published date: 18-April-2022 DOI: https://doi.org/10.5281/zenodo.6467342International Journal of Civil and Structural Engineering Research ISSN 2348-7607 (Online) Vol. 10, Issue 1, April 2022 - September 2022 Page No: 28-37 Publisher: Research Publish Journals Website: www.researchpublish.co