The 2017 contracts significantly expanded the role of the Engineer/Employer's Representative. The guide addresses the expanded duties placed on the Engineer (e.g., requiring them to be fluent in the ruling language), the requirement that the Engineer act neutrally and free from Employer interference when making determinations, and the practical and legal implications of this enhanced role.
Under Sub-Clause 21.4, a DAAB decision is immediately binding on both parties, who must give effect to it promptly, regardless of whether a Notice of Dissatisfaction (NOD) is issued. 5. Practical Drafting and Negotiation Tips
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The Dispute Adjudication Board (DAB) from 1999 was rebranded as the .
Merged into Clause 20; subject to the exact same 28-day time-bar as the Contractor. The 2017 contracts significantly expanded the role of
FIDIC 2017 – A Practical Legal Guide - International Bar Association
The contracts have expanded significantly in word count. This expansion is not due to a shift in the core risk allocation, but rather a detailed codification of the steps the Employer, Engineer, and Contractor must take during execution. Reciprocity of Obligations Merged into Clause 20; subject to the exact
The 2017 editions (Red, Yellow, Silver) introduced three tectonic legal shifts that every guide must address:
The 2017 suite clarifies that when the Engineer acts to make a determination under , they do not act for the Employer. Instead, they must act neutrally between the Parties. This is a critical legal departure from the perceived bias of the Engineer under older editions. Strict Timelines for Determinations
Before making a determination, the Engineer has a formal duty to consult with both parties to encourage a negotiated settlement (Sub-Clause 3.7).
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