When modifying the FIDIC 2017 Suite via Particular Conditions, employers often try to shift risk heavily back onto the Contractor—for instance, by deleting the Employer's time bars or making the Engineer an agent of the Employer again.
The 2017 editions blew the dust away.
| FIDIC 2017 Clause | What it says (Legalese) | What it means (Plain English) | | :--- | :--- | :--- | | | Communications | "Email is now legally binding proof. Clean up your inbox." | | Sub-Clause 8.5 | Delays Caused by Authorities | "If the government slows you down, you get time, but rarely money." | | Sub-Clause 14.13 | Provisional Sums | "If the Employer picks a supplier, they own the risk of that supplier failing." | | Sub-Clause 17.2 | Indemnities | "The Contractor indemnifies the Employer against IP theft... even if the Employer designed the spec." |
[Claim Event Occurs] │ ▼ (Within 28 Days) [Notice of Claim Sent] ────► Failure? ──► Claim is time-barred; liability extinguished. │ ▼ (Within 84 Days) [Detailed Claim Submitted] ──► Failure? ──► Notice of Claim expires; claim invalid.
This is where FIDIC 2017: A Practical Legal Guide enters the frame. Authored by a team of legal and construction experts, including notable figures like Rokib R. A., this text is designed not as a bedtime reader, but as a tactical field manual. fidic 2017 a practical legal guide pdf
FIDIC 2017 completely reorganizes this structure under . Both parties are now subject to identical procedural requirements, creating a level playing field. The 28-Day Time Bar
If no agreement is reached, the Engineer must issue a fair determination within a further 42 days.
A major risk for contractors is the new indemnity in Clause 17.4, requiring the Contractor to indemnify the Employer against all errors in the Contractor's design that result in the Works not being fit for purpose. While this indemnity is now subject to the aggregate cap on liability, it remains a significant exposure.
Civil law jurisdictions (e.g., UAE, France, Germany) inject an implied duty of good faith into contract performance. This can sometimes soften the blow of strict 28-day time bars if enforcing them would be deemed unconscionable. When modifying the FIDIC 2017 Suite via Particular
While users often search for PDFs, this is a copyrighted professional publication. It is officially available in the following formats: : Available from specialist law booksellers like Wildy & Sons for approximately £175.00. E-book/Kindle : Digital versions are available via the Amazon Kindle Store Alternative Resources
If a party fails to issue a Notice of Dissatisfaction (NOD) within 28 days of the Engineer's determination, that determination becomes final and conclusively binding on both parties. 6. Local Law Overrides and Jurisdictional Challenges
A major theme is the "reciprocity of rights and obligations," ensuring that procedures for claims apply equally to both the Employer and the Contractor. 2. Radical Changes in Claims and Disputes FIDIC 2017 – A Practical Legal Guide
Design risk sits entirely with the Employer. Payment is based on measurement of actual quantities executed. Clean up your inbox
For international construction lawyers, contract administrators, and project stakeholders, navigating this complex landscape requires a deep understanding of the legal mechanics embedded in the 2017 forms. This guide provides a practical, legally oriented breakdown of the core changes, risk allocations, and dispute management mechanisms within the FIDIC 2017 Suite. 1. Structural Philosophy: Administration over Adversity
FIDIC 2017: A Practical Legal Guide is a comprehensive analytical resource published by the international construction law firm Corbett & Co
The 2017 update aimed to increase contract administration clarity and reduce the frequency of formal arbitration. The contracts are significantly longer than their 1999 predecessors, reflecting a shift toward prescriptive, step-by-step procedures. Increased Prescriptiveness
The shift from a DAB to a Dispute Avoidance/Adjudication Board (DAAB) is a key innovation. The DAAB is appointed as a standing board at the outset of the project, and its primary role is to avoid disputes. The DAAB is obliged to give a reasoned decision on any referred dispute within 84 days. The decisions of the DAAB remain binding "pay now, argue later," but they are not final and can be challenged in arbitration. Under the Red Book 2017, there is a strict 42-day time-bar for referring a dispute to the DAAB following a Notice of Dissatisfaction with the Engineer's determination.