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This Practice Note looks at the design obligations in the 2017 editions of the FIDIC contracts (Red, Yellow and Silver Books) and considers fitness of purpose and responsibility for the Employer’s Requirements. For a look at the design obligations in the 1999 editions of the Red, Yellow and Silver Books and in the Pink and Gold Books, see Practice Note: FIDIC contracts (pre-2017 editions)—design.

Under the Yellow and Silver Books, the design is carried out by the Contractor to comply with the Employer's Requirements which are prepared by or on behalf of the Employer, whereas under the Red Book the design is prepared by or on behalf of the Employer.

The design is contained in the following documents:

1. •

   the specifications and drawings (the Red Book)

2. •

   the Employer's Requirements and Contractor's proposals (the Yellow Book)

3. •

   the Employer's Requirements and Tender (the Silver Book)