FIDIC 2017 Claims: Andy Hewitt's Latest Release
I’m old enough to remember when the FIDIC 1999 contracts were published. If I remember correctly, it took a good 10 years for the industry to, not only adopt them, but to see their use as best practice on new projects.
At the time, I was lucky enough to work for a proactive company that sent me on a training course about the new contracts. They also bought copies of Brian Totterdil’s excellent book: FIDIC User’s Guide for all its contracts and claims consultants.
Fast-forward to the release of the FIDIC 2017 Editions...
It is now 6 years since FIDIC introduced the 2017 editions. The updated contracts aimed to improve, strengthen and clarify several aspects of the old editions.
Based on past trends, Read more
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.
Definition of a Good Claim According to Roger Knowles
I have recently finished reading Roger Knowles’ autobiography, Somebody Up There Likes Us. I found this to be a thoroughly good read that covers Roger’s upbringing in the war years, to the time that his company, J R Knowles, was turning over £30M. It also gives the definition of a good claim.Read more
Claims Class Principal Launches New Book on FIDIC Contracts
Claims Class Principal, Andy Hewitt, has just launched his second book entitled The FIDIC Contracts: Obligations of the Parties.Read more
Construction Claims & Responses is an International Success!
I just heard from my publisher that Construction Claims & Responses has sold almost 1,200 copies in the 20 months since publication. We never expected this to be a major seller and the first print run was only 1,000 copies, so we are very pleased with this. This also goes to show that there is a distinct lack of publications on the market that deal with the subject matter. Hopefully, my next book will be just as well received!
Construction Claims & Responses Gets More Positive Feedback
It's always a pleasure to hear positive feedback and comments about my book from friends and colleagues. But it's particularly nice to hear positive things from people I've never even met who, perhaps don't know me or my reputation in the industry, and are judging me based on the contents of my book. Someone recently contacted me from the UK and had the following to say:Read more
The Obligations of the Parties Under the FIDIC Forms of Contract
Did you know that the FIDIC Red book contains 74 separate obligations of the Employer, 211 of the Contractor and 85 of the Engineer? Well, to be honest, neither did I until I just counted them in the draft of my latest book!Read more
Roger Knowles says that in excess of half the claims prepared, fail to follow simple procedures to make them effective.
Roger Knowles was commenting on my book Construction Claims & Reponses: effective writing and presentation, when he said...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