Fidic 2017 A Practical Legal Guide Pdf

Fidic 2017 — A Practical Legal Guide (Paper)

5. Subcontracting (Sub-clause 4.4 and 5.1)

FIDIC 2017 requires the Contractor to flow-down all obligations to subcontractors, including the DAAB clauses. Most subcontractors will refuse this. A practical legal guide provides back-to-back subcontract clauses that mirror the main contract’s time bars without exposing the subcontractor to unlimited risk.

Who Needs This Guide?

The readership for FIDIC 2017: A Practical Legal Guide cuts across the entire project spectrum, but for different reasons:

• The Employer: Needs it to understand the extent of their liabilities and the mechanisms for certifying completion without opening the door to claims.
• The Contractor: Needs it as a defensive shield—ensuring they do not miss the strict notification windows—and as a sword, ensuring they claim every penny they are entitled to for unforeseen ground conditions.
• The Engineer: The Engineer under FIDIC plays a dual role, acting as both the agent of the Employer and an impartial certifier. The 2017 contracts put immense pressure on the Engineer to act fairly. The Guide helps them navigate this ethical and procedural tightrope, particularly regarding the "Agreed or Determined" function.
• The Lawyer/Arbitrator: For these professionals, the Guide is a secondary source of authority. While not the law itself, it provides a persuasive interpretation that can be used in submissions or procedural orders.

Pillar 1: The New Sub-Clause 1.3 (Notices and Other Communications)

The 2017 FIDIC treats notices as substantive legal documents. A practical guide will break down:

• The distinction between a "Notice" (which triggers formal rights) and a "Request" (which does not).
• The strict requirements for delivery: The guide should clarify that an email may not suffice if the contract specifies "registered post or courier."
• The legal consequence of defective notices: Under common law, substantial compliance might suffice; under FIDIC 2017, it likely does not.

Trap 2: The "Sub-Clause 8.6" Delay Loop

The 2017 provisions for programmed delays are recursive. The guide should provide a decision-tree flowchart (easily viewed in a PDF) to determine if a delay is excusable, compensable, or neither.