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First Edition of the FIDIC 2017 Masters Seminar – March 2018.


  A Comprehensive, Independent Critique & Contractual/Legal Analysis (Red/Yellow Books)

 Take The Lead In Gaining Specialised Knowledge & Expertise of FIDIC’s New Contracts Which Will Dominate The Construction Industry & Replace FIDIC 1999

 After Almost 2 Decades, FIDIC Has Released A New Suite Of Contracts, Which Introduces Radical Changes To  FIDIC 1999.

 N.M.Raj will present an INDEPENDENT legal/contractual analysis and review of the FIDIC 2017 Contracts

Key Topics Include:

  • FIDIC 2017: All critical issues you need to be aware of
  • Pros & Cons: An objective critique of the radical changes and new clauses
  • The “New Engineer”: Review of the Engineer’s significantly amended role/powers
  • The Employer: New risks and liabilities that developers/investors need to be cognisant of
  • The Contractor: Additional/Extensive contract administration & project management responsibilities
  • Reciprocity Between The Parties: New obligations/rights to promote collaboration
  • Amended Variation Provisions: Significant changes: “Cardinal Change” doctrine introduced but is it contractually effective?
  • New Time Bars: The new 28 day time bar may not be contractually effective – A legal analysis
  • New Claims Clauses/Procedures: A dissection of the enhanced claims provisions
  • Extensive Change To DAB Rules: DAAB (Dispute Avoidance/Adjudication Board) & Dispute Resolution….and Many More Topics including Termination, Risks/Insurance, Concurrent delays et al.


FIDIC 2017 v FIDIC 1999: An In-Depth Analysis Of The Substantial & Key Variances From FIDIC 1999

  • Amendments to FIDIC’s core structure/New definitions
  • Introduction of new & mandatory contract administration procedures
  • Additional obligations for both Parties (including advance warning notices)
  • Substantially enhanced/increased contractual/administrative procedures
  • Complex “deeming provisions” – 58 clauses contain deeming provisions v FIDIC 1999 (26 Clauses)
  • Reciprocity of rights and obligations – new uncapped liabilities
  • Key amendments to claims provisions, dispute resolution et al.
  • The Engineer: Significant Changes To The Engineer’s Role (Including additional Risks)  

The FIDIC 2017 Engineer has several additional duties, functions and is obliged to administer the Contract in a manner, which is substantially different from FIDIC 1999.   The changes include (but are not limited to):

  • Deletion of contractual procedures from FIDIC 1999 and addition of new ones
  • Additional project management functions – newly prescribed time limits for various functions
  • Paradigm shift as far as the “decision-making process” is concerned
  • Critical amendments to contract administration duties
  • The Engineer’s revised role is analysed in detail and advice given on what to do and what not to do

The Contractor: Massive/New Risks & Opportunities

  • Additional triggers for termination / New options for the Employer to terminate (Incl. Immediate termination)
  • Contractor’s indemnity requirements increased – FFP (Fit For Purpose) requirements changed
  • Limits to raising questions about the Employer’s financial arrangements
  • Claims: Enhanced and highly complex claims procedure – Additional requirements for Programme
  • Loss of profit claims  
  • Crucial changes to insurance risks
  • It is critical for contractors to gain a clear understanding of the various complexities associated with new obligations and rights arising from FIDIC 2017. 

The Employer: Introduction Of New Obligations, Liabilities And MAJOR RISKS

  • In FIDIC 2017, the Employer is obliged to take on a more “hands-on” role and be pro-actively involved in major contract administration, claims and project management issues.
  • Employer’s Claims: The Employer must adhere to a strict procedure – Employer’s claims can be time barred 
  • Major issues arising from “Termination for Convenience”
  • Critical amendments to “Fit for Purpose” obligations (Contractor designed works) – changed from FIDIC 1999.
  • Contractor’s Claims: Significant new risks
  • Contractor’s risks reduced for hidden defects
  • List of risks expanded – E.g. Contractor has more options to terminate the contract or suspend works

Variations: Extensive Changes To Key Provisions

  • Introduction of the “Cardinal change” doctrine but is it contractually effective?
  • New possibilities for the Employer to omit works and have it executed by other contractors
  • Claims: Significant changes to EOT procedures for instructed variations
  • Additional possibilities for the Contractor to refuse variations
  • Contractor has options to submit “Loss of Profit” claims 

Claims Clauses/Procedures: New Complex, Prescriptive Claims Provisions

A FIDIC 2017 compliant sample Notice template will be provided to all delegates

  • “Claims” are now separate from “Dispute Resolution” and complicated procedural rules have been added
  • Enhanced claims mechanism with multiple time bars and notification requirements
  • Claims have to be “Fully Detailed” with additional condition precedent prerequisites
  • Specified remeasured variance from estimated BoQ quantities would entitle the Contractor to an EOT/Payment
  • New definition of “Notice” will cause additional problems for contractors
  • The new 28 day time bar may not be contractually effective – A legal analysis
  • A NEW 3rd category of claim has been introduced which will result in complex contractual/legal scenarios
  • Key time bars may be waived

DAAB (Dispute Avoidance/Adjudication Board) & Dispute Resolution 

  • New Clause that deals specifically with dispute avoidance and resolution
  • Enhanced mechanism for appointing DAABs.
  • DAAB’s “informal assistance” to parties
  • Unwaivable time bars introduced which are extremely risky for employers and contractors alike
  • An analysis of the how to crystallise a dispute under FIDIC 2017
  • Enforcement of DAAB’s decisions augmented via new contractual clauses
  • Arbitration rules amended

FIDIC 2017: Amended Provisions – Changes To Other Issues Which Will be Addressed

  • Concurrent delays
  • Payment
  • Exceptional events
  • Site Access – New Risks
  • Design issues 

5 KEY Contractual Issues And Their Answers

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