FIDIC 1999 Claims book

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.

More importantly, the book also informs the reader what FIDIC does not say. Andy addresses common problems he sees time and time again including:

  • What to include in the particulars of a claim.
  • How to demonstrate an extension of time.
  • What costs to include in a claim for additional payment.
  • How to compile a claim.
  • What ought to be in an Engineer’s response or determination.

He shares his experience and advice, and provides detailed examples, all in accordance with best professional practice.

From the foreword by Paul Gibbons, President of the Institute of Construction Claims Practitioners.

"This is a must-have book for anyone dealing with FIDIC contracts. It should be used by Employers, Contractors, Lawyers, Consultants and all those involved with effective contract administration and dispute resolution and avoidance. I highly recommend it."

About Andy Hewitt

Andy Hewitt has over 40 years’ experience in the construction industry, working in locations around the world. His earlier career included senior positions with contractors, subcontractors and consultants in project, commercial and contract management roles. During this time, he worked on many major and prestigious international projects.

For the past 15 years, Andy has specialised in contractual matters, claims and disputes on a consultancy basis and providing training and education on such matters.

FIDIC 1999 Claims may be obtained from Amazon in hard cover, paperback, and e-book formats.


FIDIC 2017 Notices

A guide to the requirements, content and composition of notices under the FIDIC Red, Yellow and Silver books

Some of the biggest mistakes that contractors make when it comes to claims relate to notices. Such failures include:

  • Failure to give notices when obliged to do so by the contract.
  • Failure to give notices within the time-frames specified in the contract.
  • Failure to properly identify communications as notices.
  • Failure to record the necessary information within notices.
  • Failure to cite the contractual clause under which the notice is given.
  • Failure to address and/or copy the notice to the correct party.
  • Failure to deliver to the notice to the place specified in the contract.
  • Failure to deliver to the notice by the means of communication specified in the contract.

Read more


Claims class student

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.

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Lump Sum Cash Contract

What is Included in 'Lump Sum'?

A simple matter that often causes confusion is exactly what is included in a lump-sum price.

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.

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Construction contract FIDIC 2017 notice of claim

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

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FIDIC Notices

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.

Read more


unforeseeable site conditions and force majeure - coronavirus

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:

  • Clauses struck out, usually those that give the contractor rights and remedies.
  • New clauses appear which are often punitive toward the contractor.
  • The remeasurable Red Book changes to a lump-sum contract.
  • Time-frames may have been reduced for the Contractor’s actions and extended. Alternatively, time-frames vanish altogether for the Engineer and Employer’s obligations.

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


Construction and Contract News 2019

We are looking ahead to 2020 and back on the past year. What has changed and what should we be looking out for in the world of construction contract and claims? We take a look in this round-up of construction and contract news from around the world…

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Claims Class

How to Manage and Minimise the Submission of Spurious Claims

The Claims Class blog has attracted loyal readers over the years. We get lots of comments as well as questions on issues that our readers are dealing with on their projects. And this often gives me inspiration for new articles. A reader recently told us that he spent a lot of time dealing with inadequate claims. He asked how he could effectively manage and minimise the submission of spurious contractor's claims. So here are my thoughts...

Consultants need to spend a lot of time and effort to manage and respond to contractor's claims. So it's worth making sure that you spend this time working on justifiable claims. Don't waste time reviewing and responding to claims where the contractor has no entitlement, or to those that have not been submitted in an appropriate manner.

Remember that the onus is on the claimant to prove the case. Most contracts require consultants toRead more