FIDIC contracts (pre-2017 editions)—Contractor claims
FIDIC contracts (pre-2017 editions)—Contractor claims

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

  • FIDIC contracts (pre-2017 editions)—Contractor claims
  • Contractors' claims
  • Procedure for contractors' claims—Red, Yellow and Pink Books
  • Procedure for contractors' claims—Silver Book
  • Procedure for contractors' claims—Gold Book
  • Mode of communication
  • Consequences of failing to comply with clause 20.1
  • Judicial interpretation of clause 20.1—Obrascon Huarte Lain v Gibraltar
  • Do contractors have to notify claims for money/time arising out of contract variations?

It is vital for contractors to follow the correct procedure for making claims for additional costs and/or extensions of time under the FIDIC contracts. The consequences for not doing so are severe, and will lead to a contractor being unable to claim successfully and potentially being liable for liquidated damages if completion is delayed.

This Practice Note looks at the procedure for notifying contractors' claims under the 1999 Red, Yellow and Silver Books, and the Pink (MDB) Book 2010 and Gold Book 2008. For information about the procedure for employers' claims in these contracts, see Practice Note: FIDIC contracts (pre-2017 editions)—Employer claims.

The claims procedure in the 2017 editions of the Red, Yellow and Silver Books is different—for example, Contractor and Employer claims are now subject to the same regime. For more information, see Practice Note: FIDIC contracts 2017—Contractor and Employer claims.

Contractors' claims

The procedure for making contractors' claims is set out in clause 20.1. Provisions entitling the contractor to make a claim as a result of various events are scattered throughout the contract. Different circumstances may entitle the contractor to claim an extension of time (EoT) and/or 'Cost' (defined as including overheads and similar charges but excluding profit). In some cases, where there is an element of employer default, the contractor can recover reasonable lost profit as well. The