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18 years after, based on feedback, FIDIC 2017 provides:
1. greater detail and clarity on the requirements for
notices and communications;

2. Employers’ and Contractors’ claims treated equally and

separated from disputes;

3. mechanism to dispute avoidance, and

4. detailed provision for quality management, and verification

of Contractors’ contractual compliance.

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• 1999 - 20 clauses
• 2017 - 21 clauses
New Clause Titles
FIDIC 1999 FIDIC 2017
Clause – 5 Nominated Sub-Contractors Subcontracting
Clause – 11 Defects Liability Defects After Taking Over
Clause – 12 Measurement and Evaluation Measurement and Valuation

Clause – 17 Risk and Responsibility Care of the Works and Indemnities

Clause – 19 Force Majeure Clause 18 Exceptional Events

Clause – 20 Claim, Disputes and Arbitration Employer’s and Contractor’s Claim (new)
Clause – 20 Claim, Disputes and Arbitration Clause 21 Disputes and Arbitration
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1.0 Definition

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Clause 1 - General Provisions
1.1 Definitions

1999 - 58 clauses - headings by heading

2017 - 88 Clauses in alphabetical order

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1.1 Definitions (Cont.)

New Definitions
1.1.2 Advance Payment Certificate
1.1.3 Advance Payment Guarantee

1.1.8 Compliance Verification System

1.1.9 Conditions of Contract or these Conditions

1.1.12 Contract Data

1.1.22 DAAB or Dispute Avoidance/Adjudication Board

1.1.23 DAAB Agreement

1.1.24 Date of Completion

1.1.28 Delay Damages 7

1.1 Definitions (Cont.)

New Definitions (Contd.)

1.1.34 Employer –Supplied Materials

1.1.36 Engineer‟s Representative

1.1.37 Exceptional Event

1.1.38 Extension of Time or EOT

1.1.43 General Conditions

1.1.46 Joint Venture or JV

1.1.47 JV Undertaking

1.1.48 Key Personnel

1.1.54 month 8
1.1 Definitions
New Definitions (Contd.)
1.1.55 No-objection
1.1.56 Notices
1.1.57 Notice of Dissatisfaction or NOD
1.1.59 Particular Conditions
1.1.66 Programme
1.1.68 QM System
1.1.70 Review
1.1.72 Schedule of Payments
1.1.75 Special Provisions

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1.1 Definitions

New Definitions
1.1.6 Claim
means a request or assertion by one Party to other Party
for entitlement or relief under any Clause of these
Conditions of otherwise in connection with, or arising out
of, the Contract or the Execution of the Works.

1.1.20 Cost Plus Profit

means Cost plus the applicable percentage for profit stated
in the Contract Data (if not stated, five percent (5%)….

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1.1 Definitions
New Definitions (Contd.)
1.1.29 Dispute means any situation where;
(a) one Party makes a claim against the other Party
(which may be a Claim, as defined in these
Conditions, or a matter to be determined by the
Engineers under these Condition, or otherwise);

(b) the other Party (or the Engineer under Sub-Clause

3.7.2 [Engineer’s Determination] rejects the claim in
whole or in part; and

(c) the first Party does not acquiesces (by giving a NOD
under Sub- Clause 3.7.5 [Dissatisfaction with the
Engineer’s determination] or otherwise),

provided however that a failure by the other Party (or the

Engineer) to oppose or respond to the claim, in whole or in
part, may constitute a rejection if, in the circumstances , the
DAAB or the arbitrators(s), as the case may be, deem it
reasonable for it do so.
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Sub-Clause 1.2 Interpretation
FIDIC 1999 has Four kinds of interpretations

While…

FIDIC 2017 has Ten such interpretations

Key new interpretations are;

1.2.e – “may”, has a choice of whether to act or not
1.2.f – “shall”, has a obligation to perform
1.2.g – “consent”, permission for a request matter

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Sub-Clause 1.5 Priority of Documents

Sub-clause 1.5 – 1999

(a) the Contract Agreement
(b) the Letter of Acceptance
(c) the Letter of Tender
(d) the Particular Conditions
(e) the General Conditions
(f) the Specifications
(g) the Drawings, and
(h) The Schedules and any other
documents forming part of the
Contract
Sub-clause 1.5 – 2017
(a) the Contract Agreement
(b) the Letter of Acceptance
(c) the Letter of Tender
(d) the Particular Conditions Part A –Contract
Data
(e) the Particular Conditions Part A– Special
Provision
(f) the General Conditions
(g) the Specifications
(h) the Drawings
(i) the schedules
(j) The JV Undertaking (if the Contractor is
JV)
(k) any other documents forming part of the
Contract

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