This flowchart sets out the process for resolving disputes under clause 21 of the FIDIC Red, Yellow Books and Silver Books 2017. Under the FIDIC Red, Yellow and Silver Books 2017 a Dispute arises where: • one Party has made a Claim, or there has been a matter to be agreed or determined under clause 3.5 [Agreement or Determination]; the Engineer’s determination (Employer’s Representative’s determination under the Silver Book) of that claim or a Party’s assertions was a rejection or deemed

_______________________________________ [NAME OF PROJECT] REFERENCE OF A DISPUTE TO THE DAAB DAAB Reference No. [Number of reference] [Date] _______________________________________ Referring Party: [Name of Party 1] [Address] [Telephone/Fax Number] [Email address] [ON THE HEADED NOTEPAPER OF THE REFERRING PARTY] Responding Party: [Name of Party 2] [Address] [Telephone/Fax Number] [Email address] The DAAB: [Name of DAAB Chairperson] [Address] [Telephone/Fax Number] [Email address] [[Name of DAAB Member 2] [Name of DAAB Member 2] [Address] [Telephone/Fax Number] [Email address] [Name of DAAB Member 3] [Address] [Telephone/Fax Number] [Email address]] [[The Engineer] [Address] [Telephone/Fax Number] [Email address]] [NAME OF PROJECT]: Reference of a Dispute to the DAAB under Sub-Clause 21.4 DAAB Reference No. [ Number of reference] Introduction 1 This is [insert full name of Referring Party]’s (the Referring Party’s) reference of a Dispute to the DAAB under Sub-Clause 21.4 of the contract between the Parties dated [Date] (the Reference). 2 The Reference is accompanied by a bundle, which includes a chronology of events together with the relevant documents: 2.1 chronology of relevant events at tab [insert] 2.2 [insert] at tab [insert] 2.3 [insert] at tab [insert] The Parties 3 The Referring Party is [Full Name of Party 1] of [address], and [provides OR undertakes] [insert services/role Party 1 carries out in course of its business for the Works]. 4 The Responding Party is [Full Name of Party 2] of

This Practice Note looks at how defects are dealt with under the FIDIC Red, Yellow and Silver Books (2017 editions). For defects under the pre-2017 editions, see Practice Note: FIDIC Contracts (pre–2017 editions)—defects. For a more general discussion on defects, see Practice Note: Defects claims in construction. What is a defect under FIDIC contracts? As with many standard form contracts, FIDIC does not contain a definition of ‘defect’. ‘Defect’ generally means that some of the work or materials does not conform with the requirements of the contract (for further commentary on the meaning of this term, see Practice Note: Defects claims in construction — What is a defect?). Clause 4.1 provides that the Contractor shall design, construct and complete the Works and remedy any defects in accordance with the Contract (‘execute the Works’ is defined in clause 1.2(j)). Clause 11 provides that the Contractor should ensure that Works are in the condition required by the Contract by the expiry of the relevant Defects Notification Period (DNP) or as soon as practicable thereafter; this obligation includes the execution of

In December 2017, FIDIC launched the second editions of the Red, Yellow and Silver Books. Three years later, in December 2022, FIDIC launched reprints. The FIDIC Red Book 2022 reprint is to be described as ‘The Conditions of Contract for Construction for Building and Engineering Works Designed by the Employer Second Edition 2017, reprinted 2022 with amendments’. It is published with the same ISBN number. The amendments include: • the errata issued in December 2018 (see News Analysis: Errata to FIDIC 2017 contracts published) • the additional errata issued in June 2019, and • further errata and new amendments made in November 2022 (and said to be effective from 1 January 2023) which FIDIC describe as ‘improvements & clarifications in response to industry feedback + to support the increased use of 2017 contracts' There is no obligation to use the FIDIC 2022 reprints. The Parties are free to choose the original FIDIC 2017 books if they prefer. This Practice Note

Construction analysis: In December 2021, the international construction industry saw that the International Federation of Consulting Engineers (FIDIC) updated the FIDIC Green Book (or Short Form of Contract). The changes are said to help meet current demands for construction projects where the perceived risks are low and to overall enable access to simple and straightforward contract forms. Jeremy Glover, Partner at Fenwick Elliott LLP, analyses the updated Green Book discussing the key changes and implications for practitioners.

This Checklist outlines some of the Engineer’s duties and authority under the FIDIC Red Book 1999. For an analysis of the Engineer's role under the FIDIC Red and Yellow Books 1999, and the FIDIC Pink Book 2010, see Practice Note: FIDIC contracts (pre-2017 editions)—the role of the Engineer. In relation to the 2017 edition of the Red Book, see Checklist: FIDIC Red Book 2017: Engineer’s duties and authority. • Sub-Clause 1.5 The Engineer’s duty to issue clarification or instruction as to the priority of documents. • Sub-Clause 1.8 The Engineer’s right of access at all reasonable times to copies of the Contract, publications named in the Specification, the Contractor’s Documents (if any), the Drawings and Variations and other communications given under the Contract. • Sub-Clause 1.9 The Engineer’s duty to issue necessary drawings or instructions within a reasonable time. The Engineer’s duty to determine (under Sub-Clause 3.5 and upon receiving notice from the Contractor) time or money incurred as a result of the Engineer’s failure to

This Checklist outlines some of the Engineer’s duties and authority under the FIDIC Red Book 2017 General Conditions of Contract. See also Practice Note: FIDIC contracts 2017—the role of the Engineer. In relation to the 1999 edition of the Red Book, see Checklist: FIDIC Red Book 1999—Engineer’s duties and authority. • Sub-Clause 1.3 The Engineer’s duty to comply with the Notice requirements when issuing a Notice. • Sub-Clause 1.5 The Engineer’s duty to issue clarification or instruction as to the priority of documents after receiving Notice of ambiguity or discrepancy or finding an ambiguity or discrepancy in the documents. • Sub-Clause 1.8 ◦ The Engineer’s right of access during normal working hours (or as otherwise agreed) to the Contract, the records under Sub-Clause 6.10 [Contractor’s Records] and Sub-Clause 20.2.3 [Contemporary records], the publications named in the Specification, the Contractor’s Documents, the Drawings and Variations, Notices and other communications given under the Contract. ◦ The Engineer’s duty to give Notice of an error or

The International Federation of Consulting Engineers (FIDIC) has renewed and expanded an agreement with the Caribbean Development Bank (CDB), with the CDB adopting 12 FIDIC standard contracts for the next five years. Under the terms of the agreement, FIDIC has granted the CDB a non-exclusive licence to refer to the 12 major contracts for projects they finance. The documents will also be used as part of the banks standard bidding documents. The agreement represents an endorsement for FIDIC contracts from a major international funding organisation, following similar agreements signed with the World Bank and other multilateral development banks around the world.

The International Federation of Consulting Engineers (FIDIC) and the Confederation of International Contractors’ Associations (CICA) have announced they will co-host a webinar on 19 June 2025 to discuss the second edition of the FIDIC Short Form of Contract (Green Book), a contract designed for low-risk construction projects. The webinar will explore the key features of the updated Green Book and its potential application in the market. The second edition upholds FIDIC’s core principles of balanced risk sharing and clearly outlines the essential rights and obligations of all parties. It also serves as an alternative to the 2017 Red and Yellow Books.

The International Federation of Consulting Engineers (FIDIC) has announced the appointment of Alfredo Ingletti as its first Italian president at the 2025 general assembly held in Cape Town on 21 September 2025. FIDIC has also appointed four new board members from France, Sweden, Georgia and Indonesia, along with two new vice presidents from the USA and Poland.

The International Federation of Consulting Engineers (FIDIC) has announced the renewal and expansion of its agreement with the African Development Bank (AfDB) for a further five years. The new agreement grants AfDB a non-exclusive licence to use ten key FIDIC standard contracts, including the 2022 Rainbow Suite, the Green Book 2021, the reprint of Emerald Book 2023 contract for Underground Works, and the Dredgers contract 2016. These contracts will be incorporated into the AfDB's main standard bidding documents for projects it finances.

Introduction This Practice Note sets out the process for Variations under the FIDIC Red, Yellow and Silver Books 1999 where the Variation is instructed by the Engineer or Employer, where the Engineer or Employer requests a proposal for a Variation or where the variation is initiated by the Contractor (value engineering). For more on Variations under the 1999 editions see Practice Note: FIDIC contracts (pre-2017 editions)—variations. Variations are primarily governed by clauses 13.1 to 13.3, which set out the right to vary the Works and the procedure to be followed. In the Red and Yellow Books, the Employer is not entitled to instruct