FIDIC 2022 Reprints: 10 Key Areas Of Change In The FIDIC Red Book 2017

FIDIC ‘launched’ the FIDIC 2022 reprints at the FIDIC International Construction Users’ Conference 2022, in London. The reception to the changes was mixed – some embraced the clarity; others questioned the significance and cost. This article draws your attention to 10 of the key areas of change in respect of the FIDIC Red Book 2017 including the definition of Claim, matters to be agreed or determined, the definition of Dispute and Exceptional Events.

By |18/01/2023|Design, Dispute Boards, featured, FIDIC, Knowledge Hub|Comments Off on FIDIC 2022 Reprints: 10 Key Areas Of Change In The FIDIC Red Book 2017

1999 Suite: Commentary on Clause 17 – Risk and Responsibility

Clause 17 covers risk and responsibility, indemnities, liability limitations, and intellectual property rights. The Contractor bears risk during execution and defect remedy periods, with risk transferring to the Employer upon issuing the Taking-Over Certificate. Risk allocation depends on governing law.

By |04/04/2019|Commentaries on the 1999 Suite, Delay, English Law, featured, Knowledge Hub|Comments Off on 1999 Suite: Commentary on Clause 17 – Risk and Responsibility

1999 Suite: Commentary on Clause 08 – Commencement, Delays, and Suspension

Clause 8 covers the start of works, time for completion, delays, extensions, and suspension of works. It includes provisions for commencement, completion, progress, delay damages, and suspension, with updates from the 4th Edition Red Book.

By |14/11/2018|Commentaries on the 1999 Suite, Delay, English Law, featured, Knowledge Hub|Comments Off on 1999 Suite: Commentary on Clause 08 – Commencement, Delays, and Suspension

Cherry Picking FIDIC 2017

Much has been said about the new Red, Yellow and Silver Books 2nd Editions launched by FIDIC in December last year. The most obvious comment has been about their size, almost 50,000 words, which is some 60% longer than the 1999 forms. Although the 1999 forms were not perfect, most regular users seem to be agreed that they did not need 20,000 words to fix the issues. This consensus led this author to attempt to cherry-pick the good bits from the 2017 forms and to propose amendments to add the good ideas to the 1999 forms. The amendments apply to all three forms unless it is indicated otherwise.

By |29/10/2018|Adjudication / Dispute Boards / ADR, Arbitration, Delay, Dispute Boards, Drafting, featured, FIDIC, Knowledge Hub|Comments Off on Cherry Picking FIDIC 2017

1999 Suite: Commentary on Clause 14 – Contract Price and Payment

Clause 14 covers payment aspects, including interim and final certificates, advance payments, retention monies, and the cessation of the Employer’s liability. It outlines the process for monthly payment applications, final settlement, and the Contractor's rights if payments are delayed.

By |26/09/2018|Commentaries on the 1999 Suite, featured, Knowledge Hub|Comments Off on 1999 Suite: Commentary on Clause 14 – Contract Price and Payment

1999 Suite: Commentary on Clause 03 – The Engineer

Clause 3 outlines the Engineer's duties and obligations, including acting for the Employer, delegating authority (but not Determinations), issuing instructions, and handling Variations. It also covers Engineer replacement and making fair Determinations after consulting both Parties.

By |26/09/2018|Commentaries on the 1999 Suite, Dispute Boards, featured, Knowledge Hub|Comments Off on 1999 Suite: Commentary on Clause 03 – The Engineer

FIDIC 2017 – First Impressions of the 3-Kilo Suite

FIDIC has launched the Second Editions of the Red, Yellow, and Silver Books, now over 50% longer than the 1999 forms. Key updates include more prescriptive processes, new time-bars, enhanced Dispute Boards, and a separate chapter on Disputes and Arbitration.

By |13/12/2017|Dispute Boards, featured, FIDIC, Knowledge Hub|Comments Off on FIDIC 2017 – First Impressions of the 3-Kilo Suite

1999 Suite: Commentary on Clause 19 – Force Majeure

Clause 19 covers Force Majeure and release from performance, with broader definitions than typical laws. It prescribes detailed insurance requirements, reducing flexibility. The Contractor bears most obligations, necessitating careful amendments and professional advice to avoid misunderstandings and ensure proper incorporation into contracts.

By |28/09/2017|Commentaries on the 1999 Suite, featured, Knowledge Hub|Comments Off on 1999 Suite: Commentary on Clause 19 – Force Majeure

All Damage Is In A Sense Consequential – So What In Law Are Consequential Losses?

English courts have historically held 'consequential loss' to be synonymous with 'indirect loss'. However, a recent case questions this position. It is also worth nothing that courts in different countries interpret 'consequential loss' differently from English courts.

By |03/08/2017|English Law, featured, Knowledge Hub|Comments Off on All Damage Is In A Sense Consequential – So What In Law Are Consequential Losses?

1999 Suite: Commentary on Clause 15 – Termination by Employer

Clause 15 covers Termination by the Employer, including notices to correct, grounds for termination, valuation at termination, payment after termination, and the Employer's entitlement to terminate at will with 28 days' notice.

By |10/05/2017|Commentaries on the 1999 Suite, featured, Knowledge Hub|Comments Off on 1999 Suite: Commentary on Clause 15 – Termination by Employer

1999 Suite: Commentary on Clause 05 – Nominated Subcontractors

Clause 5 defines a "nominated Sub-Contractor" and allows the Contractor to object on reasonable grounds. If the Employer insists on employing the Sub-Contractor, it must indemnify the Contractor. Payments to the Sub-Contractor are certified by the Engineer.

By |01/08/2016|Commentaries on the 1999 Suite, Knowledge Hub|Comments Off on 1999 Suite: Commentary on Clause 05 – Nominated Subcontractors

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