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.

The Proposed Solution

It was clear that those responsible for contract administration on the projects were unclear on how to compose a notice and what it should contain. I suggested to our client that it would be a good idea for me to prepare drafts of the most common notices. This would give their contract administrators a starting place when composing notices. Our client liked the idea and agreed. A couple of weeks later, a Notice Manual was distributed to all their projects.

An Idea Was Born

It then occurred to me that this client isn’t alone in their lack of understanding of notice provisions of FIDIC. I have noticed that one of the biggest mistakes made it the failure to provide notices in the correct format. This is often made by the parties and those appointed to administer a FIDIC contract.

And that was the lightbulb moment.

I decided to write a book on the subject. FIDIC 1999 Notices: A Guide to the Requirements Content and Composition of Notices Under the Red, Yellow and Silver Books.

The book examines each clause of the FIDIC Red, Yellow and Silver forms of contract that require notices from the Contractor, Employer and Engineer. It contains explanations of why they are required and under what circumstances. It also provides real-world, written examples of typical notices for each clause.

This is what Dr. Cyril Chern, (Barrister, Chartered Architect, Chartered Arbitrator, Adjudicator, Accredited Mediator, Dispute Board Expert) had to say about it in the foreword:

FIDIC contracts are the basis for most of the world’s major infrastructure projects. Also for most of the litigation that arises from these projects. For example, a typical FIDIC notice provision states that notice must be given within 28 days of any event. The result of which is that the date for completion ‘is or will be delayed’. What does this mean? What is the notice to look like and what is it to say? And this is where the problem starts.

In my role as both an adjudicator and arbitrator of FIDIC matters, what is most common is the lack of proper notice, timely notice, and intelligent notice. But nowhere does FIDIC set out how these are to look and what they are to contain. There are no exact standards to guide the Contractor (nor the Employer or Engineer). As a result, large amounts of time and money are spent litigating these issues , rather than having clear standards to rely upon and prevent problems in the first place.

FIDIC 1999 Notices: A Guide to the Requirements, Content and Composition of Notices Under the Red, Yellow and Silver Books by Andy Hewitt

Provides both the Contractor and Employer/Engineer as well as their advisors with the information and clarity for each of the steps in the construction process under FIDIC contracts (1999 versions). Most importantly he doesn’t just ‘talk’ about the issue. The book gives actual examples for use or modification on any FIDIC project worldwide for maximum benefit.

The book covers first the administration of notices and then moves into the necessary Contractor’s notices. These form the bulk of claims seen both in a dispute board setting as well as in arbitration—was notice given, what did the notice contain, was it sufficient, why yes and/or why not, and all the needed information for every situation and for every sub-clause of the standard FIDIC contract. Then it delves into the Notices required by both the Employer and its Engineer, thus covering all aspects of any project.

This is a ‘must-have’ and ‘go-to’ book

For any Contractor, solicitor, barrister, Engineer and Employer who uses FIDIC contracts.. Its information will save time and money for all those who use it. I highly recommend this book.’

If this sounds like something that might be helpful to you or your company, get your copy from Amazon UK or Amazon.com.

At Claims Class, our expert tutors have been preparing and responding to claims for many years. We know how to comply with good practice to ensure that you do not lose your entitlement. If you would like to gain more knowledge on these subjects, why not sign up to one of our FIDIC e-courses, The Practical Use of FIDIC or Understanding Construction Claims Under FIDIC.

Have you also seen Andy’s other publication on notices under FIDIC 2017?