ABSTRACT
Care of the Works and Indemnities is covered in the Federation Internationale des Ingenieurs-Conseils (FIDIC) 2017 Contracts by Clause 17. The Contract has separate Sub-Clauses for “Responsibility for Care of the Works” and “Liability for Care of the Works”, “responsibility” and “liability” often being seen as having the same meaning as each other. Whenever a Party receives a claim, but fails to give Notice to the other Party of the claim within 28 days of receiving the Notice, the first Party is deemed to have waived any right to indemnity under the Sub-Clause. In considering indemnities provided by both Parties one should consider the critically important Sub-Clause 1.15, which has been moved from the old FIDIC 1999 Contracts Clause 17. If a Party is prevented from performing any of his obligations under the Contract due to an Exceptional Event, then that Party gives a Notice to the other Party specifying those obligations.
