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.

The Contractor is not alone in such failures and the Engineer and Employer are equally as culpable. FIDIC recognised this as a significant problem and in the 2017 editions of their contracts, introduced a contractual definition of a notice, significantly more obligations to give notices and more optional opportunities to give notices than had been included in the 1999 editions.

The new book examines each clause of the 2017 editions of the FIDIC Red, Yellow and Silver forms of contract. Each requires the Contractor, the Employer and the Engineer to give notice. It contains explanations of why, and under what circumstances, you may require each notice. Along with providing real-world, written examples of typical notices for each clause.

Reviews:

This is what Dr Cyril Chern, (Barrister, Chartered Architect, Chartered Arbitrator, Adjudicator, Accredited Mediator, Dispute Board Expert) had to say:

“Andy Hewitt has once again brought clarity to the actual operational side of FIDIC Contracts. Following the success of his last book on the notice requirements FIDIC 1999 Notices, he has now covered the most recent changes included in the 2017 FIDIC Suite of Contracts with this new volume: FIDIC 2017 Notices – A Guide to the Requirements, Content and Composition of Notices Under the Red, Yellow and Silver Books.

This new title continues Andy’s tradition of showing the practical side of the FIDIC contracts. FIDIC is the basis for most of the world’s major infrastructure projects and 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’. But what does this mean, what is the notice to look like and what is it to say? … and this is where the problem starts. This newest book brings these points into sharp focus for the 2017 suite of contracts.

Information and Clarity

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. Whilst the 2017 contracts include new requirements on the format of notices. FIDIC still does not 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 lost in litigating these issues. After the fact, rather than having clear standards to rely upon and prevent problems in the first place.
FIDIC 2017 Notices – A Guide to the Requirements, Content and Composition of Notices Under the Red, Yellow and Silver Books provides both the Contractor and Employer/Engineer as well as their advisors with the information they need and clarity for each of the steps in the construction process under the new 2017 FIDIC Contracts. Generally and most importantly it doesn’t just “talk” about the issue but gives actual examples. Which you can use and/or modify for use on any FIDIC project worldwide for maximum benefit.

A Must Have

The book firstly covers the administration of notices and what is involved. It then moves into the necessary Contractor’s notices which accompany 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. The book provides all the information for every situation and for every sub-clause of the standard FIDIC Contracts. The book then 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 and in particular the newest 2017 Editions and 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.