FIDIC 2017: What You Need to Know Now
It is now 5 years since the FIDIC 2017 editions of the Red, Yellow and Silver Books were published. As anticipated, it’s taking the industry some time to get on board and adopt these latest editions on projects.
Change Can Be Uncomfortable....But it's Inevitable
Nobody likes change. Employers and engineers are no different. It can be uncomfortable and it takes time and effort to take effect. But, as time moves on more and more projects will move to the FIDIC 2017 editions and it's critical that project teams understand these contracts.
I also suspect that Read more
25 Tips to Help You Avoid Costly Claims and Disputes
Often people ask us, 'what are the key things we must do to avoid disputes and claims?'. Good news - we've compiled all of them into one handy document of top tips to avoid claims and disputes!
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FIDIC 1999 Claims
A Guide to Claims for Extensions of Time and Additional Payment Under the Red, Yellow and Silver Books
A new book by Andy Hewitt, FICCP, FCIOB, FCICES, FQSi
Inadequately expressed claims are one of the most frequent reasons for time-consuming and costly disputes. Andy Hewitt’s latest book examines the FIDIC Red, Yellow and Silver Books. He takes a look at each clause that provides entitlement to make a claim for an extension of time and additional payment.
Andy explains in practical terms the interpretation and application of clauses. He also discusses FIDIC procedures for:
- The giving of notices.
- The submission of detailed particulars of the claim.
- The Engineer’s responses and determinations.
FIDIC 2017 Notices
A guide to the requirements, content and composition of notices under the FIDIC 2017 Red, Yellow and Silver books
Some of the biggest mistakes that contractors make when it comes to claims under FIDIC 2017 relate to notices. Such failures include failure to:
- Give notices when obliged to do so by the contract.
- Give notices within the time frames specified in the contract.
- Properly identify communications as notices.
- Record the necessary information within notices.
- Cite the contractual clause under which the notice is given.
- Address and/or copy the notice to the correct party.
- Deliver to the notice to the place specified in the contract.
- Deliver to the notice by the means of communication specified in the contract.
Claims Class Helps Student Secure US$1 Million
This month I am going to allow myself to pat myself on the back, because of a success story from a recent Claims Class student.
A gentleman from an African country contacted me to discuss enrolling on one of our claims courses. He had found out about Claims Class after purchasing a copy of my Book FIDIC 1999 Notices. This is what he told me.
What is Included in 'Lump Sum'?
A simple matter that often causes confusion is exactly what a lump-sum price includes.
Take a typical contract designed by the employer. The contractor is required under the contract to provide the works defined on the drawings and in the specification. In other words, the drawings show the extent and the configuration of the design. The specification describes the composition and quality of the work. Thus, it is clear that the lump-sum requires the contractor to provide whatever is included in the drawings and specification.
How Does FIDIC 2017 Affect Claims?
I guess like many of you, I have not had the opportunity to examine the 2017 editions of the FIDIC contracts in much detail, because as yet, I have not come across any projects that are using them. This situation will, however, gradually change. As it does, we will need to know what has changed and how it has changed. As such projects reach final account stage there will undoubtedly be claims to resolve and disputes to settle. I have recently been doing research for a forthcoming book, so thought it would be worthwhile to highlight the changes from a claims perspective.
Employer's Claims
FIDIC 1999 Notices - Andy Hewitt's Latest Book
At the end of 2019 I was working with a contractor-client on several extension of time and additional cost claims. I needed to demonstrate that the contractor had complied with the contractual notice provisions in FIDIC.
This client had sent some notices. In most cases though, these didn’t comply with the contract requirements. In many cases they were completely meaningless as notices.
Coronavirus and Construction - Is the Contractor Entitled to Claim?
The global hot topic this month is definitely the coronavirus. It's affecting many construction projects. Labour, materials, plant or equipment are coming from China (or other affected countries) and supply has been delayed. So what do you do if you're a contractor in this situation? Are you entitled to make a claim?
Well...it depends on your particular contract, but possibly.
I know that this is a bit of a lawyer’s answer, but it really does depend on several things. Let’s however, have a look at what the FIDIC Red and Yellow Books, 1999 Editions, have to say on the subject.Read more
FIDIC Amendments and The Golden Principles
We have all seen it. We receive what we assume is a FIDIC form of contract. But when we examine its contents or the Particular Conditions, we find it has been subject to amendments and changed considerably. FIDIC amendments we often see include:
Added to this, the changes and amendments are often poorly drafted and the final version contains ambiguities and conflicts.
So what we end up with is not what FIDIC intended. In short, it does not do what it says on the tin.
Employers and Engineer’s make these changes in an attempt toRead more