The Employer can now instruct a variation that includes a "value engineering" component. The legal trap? The Contractor bears the risk of failure. A good guide recommends a special provision: If the Employer orders a value engineering change, the Contractor is excused from guarantee of the original specification.
A major shift in the Yellow and Silver Books is the mandatory requirement for a Dispute Avoidance/Adjudication Board (DAAB). Under the 1999 forms, the Yellow Book used an ad hoc board formed only when a dispute arose.
Edward Corbett's "first impressions" of the 2017 suite highlighted several key structural changes now standard, including:
: Explains the new requirement for the Engineer to act neutrally during determinations.
However, a practical legal guide is a separate, original commentary. These can be purchased or found via: fidic 2017 a practical legal guide pdf
: Unlike the 1999 editions, the 2017 suite treats Employer and Contractor claims identically . Both parties are now subject to strict 28-day time bars for notifying claims under Sub-Clause 20.2.
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Under Sub-Clause 21.3, the parties can jointly request the DAAB to provide informal assistance or give an advisory opinion on any issue. This allows potential disputes to be defused before they crystallize into formal claims, saving significant legal costs. Enforcement of DAAB Decisions
Failure to follow the procedure is failure of the right itself. The Employer can now instruct a variation that
The Notice of Claim is deemed to have lapsed and is no longer valid. The "Deemed" Mechanism and Safe Harbours
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If a party fails to comply with a binding DAAB decision, the other party can immediately refer that failure directly to ICC Arbitration under Sub-Clause 21.6. This bypasses the need for a fresh Engineer determination, providing a fast track to enforcement. 4. Risk Allocation: Red, Yellow, and Silver Book Variations
This public link is valid for 7 days and shares a thread, including any personal information you added. This link or copies made by others cannot be deleted. If you share with third parties, their policies apply. Can’t copy the link right now. Try again later. A good guide recommends a special provision: If
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In the Red and Yellow Books, the Engineer's role in resolving disputes has been fundamentally restructured under .
introduces a highly prescriptive roadmap for managing claims. Failure to adhere to these timelines results in the total waiver of legal rights to the claim.
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