Fidic 2017 A Practical Legal Guide Pdf File
Even as the construction industry gradually adapts to the 2017 editions — some markets have been slower to adopt than others — the guide remains indispensable. As one commentator noted, eight years after the official release of the 2017 editions, the market still appears reluctant to fully adopt this edition, making comprehensive guidance all the more valuable.
| Feature | FIDIC 1999 | FIDIC 2017 | | :--- | :--- | :--- | | | ~30,400 words | ~50,000+ words, 174 clauses | | Contract Administration | Less prescriptive, simpler procedures | Highly prescriptive, step-by-step procedures with strict time-bars | | Engineer's Role | Determines claims | Neutral contract manager, required to encourage discussion and agreement | | Claims | Less formal, separate procedures | Unified, highly regulated 3-step process under Clause 20 with strict time limits | | Dispute Resolution | DAB (Dispute Adjudication Board) | DAAB (Dispute Avoidance/Adjudication Board) with standing members focused on prevention | | Risk Allocation | Less explicit on concurrent delay | Explicit rules and procedures for concurrent delay required |
The 2017 contracts have fundamentally redefined the Engineer's role, creating a fascinating duality. The Engineer is still appointed by the Employer and acts as their agent for general contract administration duties. However, under , when making determinations on claims, the Engineer is now explicitly required to act neutrally and make a fair determination, not as an agent of the Employer. fidic 2017 a practical legal guide pdf
Failure to meet specific notice windows results in the automatic loss of legal rights. 2. Red, Yellow, and Silver Books Compared
The 2017 editions shifted from broad principles to highly prescriptive, step-by-step procedural requirements. The contracts are roughly 50% longer than their 1999 predecessors. This expansion aims to provide a comprehensive rulebook that reduces ambiguity, though it significantly increases the administrative burden on all parties. The Evolving Role of the Engineer Even as the construction industry gradually adapts to
International projects using FIDIC 2017 face several common legal pitfalls that are directly addressed in practical legal guides.
In November 2022, FIDIC released its own , a companion to the 2022 reprints of the 2017 Rainbow Suite. This official guide discusses the definitive versions of FIDIC's contracts and is an additional resource for practitioners. The 2017 Rainbow Suite, as updated in 2022, remains the current standard. The Engineer is still appointed by the Employer
The dispute resolution process under the 2017 contracts has also been overhauled, with a strong emphasis on avoidance. The most prominent change is the replacement of the Dispute Adjudication Board (DAB) with a standing . The DAAB is appointed at the outset of the project and meets regularly, allowing it to provide informal, non-binding assistance to help parties resolve disagreements before they escalate into formal disputes.
Parties can jointly request the DAAB to give informal advice to resolve issues before they become formal disputes.