News

FIDIC 1999 Notices - Andy Hewitt's Latest Book

At the end of 2019 I was working with a contractor-client on several extension of time and additional cost claims and, as is necessary in any claim, I needed to demonstrate that the contractor had complied with the contractual notice provisions.

This client had sent some notices. In most cases though, these didn't comply with the contract requirements and in many cases they were completely meaningless as notices.

The Proposed Solution

It was clear that those responsible for contract administration on the projects were unclear about what a notice should contain and how it should be composed. I suggested to our client that it would be a good idea for me to prepare drafts of the most common notices so that their contract administrators would have a starting place when composing notices on their projects. Our client liked the idea and agreed. A couple of weeks later, a Notice Manual was distributed to all the projects.

An Idea Was Born

It then occurred to me that this client isn’t alone in their lack of understanding of notice provisions of FIDIC. During my considerable time working as a claims consultant I have noticed that failure to provide notices in the correct format is one of the biggest mistakes made by the parties and those appointed to administer a FIDIC contract.

And that was the lightbulb moment.

I decided to write a book on the subject: FIDIC 1999 Notices: A Guide to the Requirements Content and Composition of Notices Under the Red, Yellow and Silver Books.

The book examines each clause of the FIDIC Red, Yellow and Silver forms of contract that require notices to be given by the Contractor, the Employer and the Engineer. It contains explanations of why, and under what circumstances, each notice is required and provides real-world, written examples of typical notices for each clause.

This is what Dr. Cyril Chern, (Barrister, Chartered Architect, Chartered Arbitrator, Adjudicator, Accredited Mediator, Dispute Board Expert) had to say about it in the foreword:

FIDIC contracts are the basis for most of the world’s major infrastructure projects and also for most of the litigation that arises from these projects. For example, a typical FIDIC notice provision states that notice must be given within 28 days of any event the result of which is that the date for completion ‘is or will be delayed’. What does this mean? What is the notice to look like and what is it to say? And this is where the problem starts.

In my role as both an adjudicator and arbitrator of FIDIC matters, what is most common is the lack of proper notice, timely notice, and intelligent notice but nowhere does FIDIC set out how these are to look and what they are to contain. There are no exact standards to guide the Contractor (nor the Employer or Engineer) and as a result, large amounts of time and money are lost in litigating these issues after the fact, rather than having clear standards to rely upon and prevent problems in the first place.

FIDIC 1999 Notices: A Guide to the Requirements, Content and Composition of Notices Under the Red, Yellow and Silver Books by Andy Hewitt provides both the Contractor and Employer/Engineer as well as their advisors with the needed information and clarity for each of the steps in the construction process under FIDIC contracts (1999 versions) and generally and most importantly doesn’t just ‘talk’ about the issue but gives actual examples which can be used and/or modified for use on any FIDIC project worldwide for maximum benefit.

The book covers first the administration of notices and what is involved and then moves into the necessary Contractor’s notices which form the bulk of claims seen both in a dispute board setting as well as in arbitration—was notice given, what did the notice contain, was it sufficient, why yes and/or why not, and all the needed information for every situation and for every sub-clause of the standard FIDIC contract. Then it delves into the Notices required by both the Employer and its Engineer, thus covering all aspects of any project.

This is a ‘must-have’ and ‘go-to’ book for any Contractor, solicitor, barrister, Engineer and Employer who uses FIDIC contracts, and its information will save time and money for all those who use it. I highly recommend this book.’

If this sounds like something that might be helpful to you or your company, get your copy from Amazon UK or Amazon.com.

Hewitt Decipher Partnership’s expert consultants have been preparing and responding to claims for many years. We know how to comply with good practice to ensure that you do not lose your entitlement and if you have entitlement, to ensure that your claims are accepted. Can we help you? To find out how, get in touch.


From 2018 to 2019
the Beginnings of HDP...

The past twelve months have seen many changes in the Gulf region and some interesting events. In the following we look back and then ahead to what might come in 2019.

Read more