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

Changing Tack

A contract may require a party giving notice of a claim to specify the contractual or legal basis of that claim in the notice (or the supporting particulars). What if that party states a contractual or legal basis for the claim but later (perhaps with the benefit of additional information or because of advice from its lawyers) changes its mind or wants to include further contractual or legal bases? This was considered by the Hong Kong Court of Appeal in Maeda Corporation and China State Construction Engineering (Hong Kong) Limited v Bauer Hong Kong Limited [2020] HKCA 830. It found that a subcontractor could not change the contractual basis for its claim once the time period for providing such notice had expired. What, if any, impact will this decision have on the FIDIC forms of contract?

By |07/05/2021|Arbitration, featured, Knowledge Hub|Comments Off on Changing Tack

2017 Suite: Commentary on Clause 21 – Disputes and Arbitration

Clause 21 introduces a standing Dispute Avoidance/Adjudication Board (DAAB) instead of an ad-hoc DAB. The DAAB is appointed at the outset, assists in dispute avoidance, and its decisions are binding. The amicable settlement period is reduced to 28 days.

By |27/01/2018|Commentaries on the 2017 Suite, Dispute Boards, Knowledge Hub|Comments Off on 2017 Suite: Commentary on Clause 21 – Disputes and Arbitration

2017 Suite: Commentary on Clause 20 – Employer’s and Contractor’s Claims

The new Clause 20 distinguishes between main Claims, which follow a strict procedure, and other Claims, which are determined by the Engineer without strict procedural requirements, starting from the disagreement between parties and requiring only a Notice of Claim.

By |27/01/2018|Commentaries on the 2017 Suite, Knowledge Hub|Comments Off on 2017 Suite: Commentary on Clause 20 – Employer’s and Contractor’s Claims

2017 Suite: Commentary on Clause 08 – Commencement Delays and Suspension

Clause 8 changes include enhanced Programme requirements, Advance Warning mechanism, no Sub-Clause 20.2 notice for extension due to Variation, further definition of adverse climatic conditions, acceleration methods under Sub-Clause 13.3.1, and a cap on Delay Damages lifted for severe misconduct.

By |27/01/2018|Commentaries on the 2017 Suite, Delay, Knowledge Hub|Comments Off on 2017 Suite: Commentary on Clause 08 – Commencement Delays and Suspension

2017 Suite: Commentary on Clause 03 – The Engineer

The main changes in Clause 3 are that: the Engineer may exercise its authority without the Employer's consent under Sub-Clause 3.7; and the Engineer must act “neutrally” under Sub-Clause 3.7. The intention is that the Engineer treats both Parties fairly.

By |27/01/2018|Commentaries on the 2017 Suite, Knowledge Hub|Comments Off on 2017 Suite: Commentary on Clause 03 – The Engineer

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