The 2017 Suite refines design liabilities, particularly in the Yellow Book (Plant and Design-Build) and Silver Book (EPC/Turnkey). "Fitness for Purpose" Mandate
Budget for standing DAAB operations from month one to avoid delays when conflicts surface.
: Ensure project financing includes dedicated line items for the standing DAAB's retainers and site visits to prevent non-appointment breaches.
: References global case law and arbitral decisions specifically related to FIDIC disputes to ground contractual interpretation in real-world legal outcomes. Howard Kennedy Knowledge Hub Key Practical & Legal Focus Areas fidic 2017 a practical legal guide pdf
A common legal headache under the 1999 suite was the enforcement of a DAB decision if one party gave a Notice of Dissatisfaction (NOD). FIDIC 2017 resolves this ambiguity. Under , DAAB decisions are immediately binding, and parties must promptly give effect to them. If a party fails to comply with a DAAB decision, the aggrieved party can refer that failure directly to arbitration under Sub-Clause 21.6 , bypassing the need for a fresh DAAB track. 4. Key Legal Checklists for Practitioners
Open your practical legal guide to the "Top 10 Amendments Required for Fairness" chapter. Compare the guide’s suggested amendments (e.g., deleting Sub-clause 1.14 [Confidentiality] if public funding is involved) against the Employer’s draft.
Within 84 days of the event, the claiming party must submit a fully detailed claim with supporting particulars. Failure to submit within this window results in the initial Notice of Claim lapsing and becoming invalid. The "Deemed" Provisions The 2017 Suite refines design liabilities, particularly in
All formal disputes must be referred to the DAAB before going to arbitration.
This paper examines the 2017 FIDIC suite of contracts from a practical legal perspective. It summarizes key changes introduced in the 2017 editions, analyzes their implications for practitioners (employers, contractors, engineers/consultants and dispute advisors), and provides practical guidance on contract drafting, risk allocation, claims management, variations, delay and disruption, termination, and dispute avoidance and resolution. The paper concludes with recommended contract clauses and a checklist for lawyers and contract managers.
Navigating the FIDIC 2017 Suite: A Practical Legal Guide The Fédération Internationale des Ingénieurs-Conseils (FIDIC) updated its core suite of standard construction contracts in 2017. This update fundamentally changed how international construction projects are managed and disputed. It introduced a heavier focus on dispute avoidance, tighter procedural time bars, and more balanced risk allocations between Employers and Contractors. : References global case law and arbitral decisions
Drawing on the team's extensive experience in international construction law, the guide provides:
Acknowledging a historic point of common-law and civil-law conflict, Sub-Clause 8.5 dictates that concurrent delay must be assessed in accordance with the rules set out in the Special Provisions. If no rules are specified, the contract leaves it to applicable law, forcing parties to explicitly negotiate this risk upfront. 3. The Claims Revolution: Clause 20