Care of the Works, Indemnities and Insurance
Summary
Clause 17 of the 1999 editions of the FIDIC Red, Yellow and Silver Books allocates the risk of loss or damage to the works between Contractor and Employer and contains a number of indemnities applying to each. In the 2017 Yellow and Silver Books there are three categories of indemnity given by the Contractor in clause 17.4: indemnities with respect to death or personal injury; damage to property other than the works; and indemnities with respect to the Contractor's design obligations. Clause 17.3 in the 2017 Books deals in the same terms with infringements of intellectual and industrial property rights and indemnities relating to them. The insurance provisions in clause 19 of the 2017 Books completely rewrite those in the 1999 editions and bring the 2017 Books much more in line in this respect with the 2008 Gold Book.