FIDIC contracts 2017—Contractor and Employer claims
FIDIC contracts 2017—Contractor and Employer claims

The following Construction guidance note provides comprehensive and up to date legal information covering:

  • FIDIC contracts 2017—Contractor and Employer claims
  • Types of claims
  • General considerations
  • Notice of Claim (clause 20.2.1)
  • Initial response (clause 20.2.2)
  • Fully detailed claim (clause 20.2.4)
  • Agreement or determination (clauses 20.2.5 and 3.7)
  • Dissatisfaction with the determination (clause 3.7.5)

It is vital for parties to follow the correct procedure for making claims under the FIDIC contracts. The consequences of not doing so are severe, and may lead to the claim being barred or the claiming party’s entitlement being reduced.

This Practice Note considers the procedure for claims brought by the Contractor or Employer under the FIDIC Red, Yellow and Silver Books 2017, focussing specifically on the detailed process set out in clause 20.2. See also Flowcharts: Claims under the FIDIC Red and Yellow Books 2017 (clause 20.2) and Claims under the FIDIC Silver Book 2017 (clause 20.2).

In the 2017 contracts, claims by the Employer are now treated in the same way as Contractor claims—claims by the Employer were subject to their own (less strict) regime in the 1999 editions. For guidance on claims under the 1999 Red, Yellow and Silver Books, as well as under the Pink and Gold Books, see Practice Notes: FIDIC contracts (pre-2017 editions)—Contractor claims and FIDIC contracts (pre-2017 editions)—Employer claims.

Another change in the 2017 contracts is that provisions dealing with claims are now found in a separate clause (clause 20) to those concerning dispute resolution (clause 21). In the 1999 editions, both sets of provisions were contained in clause 20. This change in approach recognises that claims should not always lead to disputes.

For more information on the