Fidic 2017 A Practical Legal Guide Pdf -
"FIDIC 2017: A Practical Legal Guide," authored by Corbett & Co. and published by Howard Kennedy LLP, provides a comprehensive, practitioner-focused analysis of the 2017 FIDIC Rainbow Suite, including over 100 pages of draft Notices. The 800+ page guide focuses on clause-by-clause commentary for the Yellow Book, with detailed references to Red and Silver Book provisions and relevant case law. Purchase information and related, independent reviews can be found via International Construction Knowledge Hub International Bar Association
Explain how it addresses the new claims and dispute procedures (Clause 20 and 21). fidic 2017 a practical legal guide pdf
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3. Notice & Time Bars – Legal Traps
- Sub-Clause 1.3 (Notices): All notices must be in writing and delivered to the stated address. Electronic notices are permitted only if explicitly agreed.
- Sub-Clause 20.2 (Claims): The Contractor’s claim for extension of time and/or additional payment must be notified within 28 days of becoming aware (or should have become aware) of the event. If not, the Contractor loses all rights.
- Sub-Clause 20.1 (Employer’s Claims): Symmetrical provision – Employer must notify within 28 days.
- Legal consequence: These are not procedural niceties; they are substantive conditions precedent. Failure = forfeiture of claim, even if otherwise valid.
Dispute Resolution Strategy
- Multi-tiered approach: negotiation -> DAAB -> interim measures/arbitration.
- Use expert determination for technical disputes where appropriate.
- Consider arbitration rules (ICC, LCIA, SIAC) and seat selection for enforceability.
- Seek interim relief quickly where necessary and comply with DAAB decisions to avoid adverse cost consequences.
- Now: The Engineer issues a determination (often non-binding unless accepted).
- Why? To avoid bias claims. The guide notes this reduces court challenges in civil law jurisdictions (e.g., France, Germany) where a party-contracted engineer cannot act as a judge.