The Engineer will issue a formal Notice stating that the claim is time-barred. The Fully Detailed Claim (Sub-Clause 20.2.4)
If a formal dispute is referred, the DAAB must give its decision within 84 days. The decision is immediately binding on both parties, who must give effect to it promptly.
The guide addresses the significant shift from the 1999 editions to the more prescriptive 2017 versions: Reciprocal Claims (Clause 20)
A more disciplined, two-way claim procedure is introduced. Both Employer and Contractor must submit claims for additional payment or time, with strict 28-day notice requirements.
FIDIC 2017: A Practical Legal Guide is a comprehensive professional resource first published in November 2020 by the construction law team at Howard Kennedy LLP. It provides an exhaustive, clause-by-clause legal analysis of the 2017 FIDIC "Rainbow Suite"
However, experts warn that the guide is not a silver bullet. "It is a tool for interpretation, not a substitute for reading the contract," notes a partner at a leading construction law firm. "But it is the best tool we have right now." fidic 2017 a practical legal guide pdf exclusive
Failure to submit within 28 days means the claim is invalidated. 4. Dispute Resolution: The DAAB Mechanism The DAAB is now a cornerstone of the 2017 suite.
If a party fails to comply with a binding DAAB decision, the aggrieved party can bypass the remaining dispute steps and refer that failure directly to ICC Arbitration under Sub-Clause 21.4.3. This closes a significant legal loophole found in the 1999 editions regarding the immediate enforcement of non-final DAB decisions. 5. Risk Allocation Shifts: Red vs. Yellow vs. Silver
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Because claims must be backed by "contemporary records," teams cannot rely on retrospective scheduling analysis. Digital site diaries, automated daily logs, and real-time variation tracking software are mandatory tools for standard compliance under these terms. Dedicated Contract Administrators
Both the Employer and the Contractor are now subject to the exact same strict timelines. The Engineer will issue a formal Notice stating
Unlike generic commentary, this guide includes:
The guide was crafted by the team at Corbett & Co, a firm with unparalleled hands-on experience in international construction law and arbitration. The book's introduction, written by Edward Corbett himself, is notable for its candid critique—even of the FIDIC forms themselves. Corbett famously criticizes the 2017 editions for being far too long (around 50,000 words) and suggests that the draft "needed vigorous editing," setting a refreshingly honest tone for the entire guide.
Within 42 days of the triggering event, the claiming party must submit a fully detailed claim with supporting particulars. If the claiming party fails to provide the contractual or legal basis within this timeframe, the initial Notice of Claim is deemed to have lapsed and is no longer valid. Engineer’s Initial Validation (Sub-Clause 20.2.2)
Stricter procedures for verification of compliance with quality requirements.
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Clearly distinguish between claims for unexpected events (Clause 20) and standard variation instructions (Clause 13) to ensure you follow the correct paperwork and approval channels.
The 2017 forms are much longer and more detailed, containing stricter notice requirements and time limits. This increased administrative burden aims to create a clear paper trail, making it harder for parties to claim they were unaware of issues. B. Notices and Time Bars (Sub-Clause 1.3 & 20.2)
[Trigger Event] │ ▼ (Within 28 Days) [Notice of Claim] ───► Failure = Claim Time-Barred │ ▼ (Within 42 Days) [Detailed Claim] ───► Failure = Notice Ineffective The 28-Day Time-Bar (Sub-Clause 20.2.1)
This guide provides a comprehensive legal analysis of the FIDIC 2017 Suite, detailing the core structural updates, risk allocation strategies, claims mechanics, and dispute avoidance procedures that international contractors, employers, and legal practitioners must understand. 1. The Core Philosophy of the 2017 Revisions