Category: Risk and Liability
Introduction to FIDIC´s stance on Risk and Liability
The increased incidence of liability, and the inability of engineers to predict its future course, is severely hampering the practice of engineering by forcing engineers into defensive practices and reducing their willingness to innovate. At the same time, this uncertainty is limiting the ability of insurance providers to construct logical insurance models that can take care of damages properly attributable to the limited amount of negligence which does occur. The consequent uncertainty is threatening the practice of engineering.
The existence of a strong, competent and innovative engineering profession is important to each of the world’s communities.
FIDIC recommends that its Member Associations endeavour to maintain or obtain legislation which recognises the validity of contractual limitation of professional liability of engineers and preferably limits such liability. This limitation should apply both to the sum which may be claimed and to the time within which a claim may be made or during which liability exists.
The concepts of strict liability, i.e. liability without negligence, consequential liability and of joint and several liability should not apply to professional services. These limitations are justified by the need to realise or maintain:
- a sensible relationship between the assessment of the risk involved, the financial burden of the liability and the remuneration and overall financial capacity of engineers to indemnify.
- insurability of engineering services.
- the security of the user of the professional services that damages to which he may be entitled can actually be recovered.
Publications and their editions represented with definitions in FIDICTerms, Risk and Liability category
The editions of the FIDIC Risk and Liability publications referenced to populate the glossary of terms in FIDICTerms currently include:
- To be updated...
Sub-Categories within the Risk and Liability Category on FIDICTerms are as follows: