The most critical legal change is the separation of "Claims" (Clause 20) from "Disputes" (Clause 21). The 28-Day "Time Bar"
The exclusive legal guide references how courts (in England, Singapore, Australia) interpreted the 1999 equivalent clauses and then explains whether the 2017 drafters closed that loophole. For example, the 1999 "preliminary opinion" of the Engineer was often challenged. The 2017 "determination" is drafted to be more final, subject only to DAAB. fidic 2017 a practical legal guide pdf exclusive
In the Red and Yellow Books, the Engineer's role is now more procedural. FIDIC 2017 A Practical Legal Guide - eBook - Amazon.com The most critical legal change is the separation
The Engineer's role has expanded from 5 to 8 sub-clauses, emphasizing neutrality during determinations. The 2017 "determination" is drafted to be more
While FIDIC encourages the "Golden Principles" (keeping the core risk balance), many Employers still use Particular Conditions to shift risk back to the Contractor. Legal review of these amendments is vital. Conclusion