FIDIC 2017 Notices: A new book by Andy Hewitt

In the many years I have been helping people manage their construction contracts and claims, I don’t think I have come across a single issue that causes more problems than notices.

Failure to comply with contractual obligations related to notices often leads to disputes.

Over the course of the last twenty years, I have delivered training on managing claims and avoiding disputes all over the world. Notices are one of the most common issues I am asked about by attendees.

So, what is it about notices that causes people so many problems?

Some of the most common mistakes include:

  • Failure to give notices when obliged to do so by the contract.
  • Failure to give notices within the time-frames specified in the contract.
  • Failure to properly identify communications as notices.
  • Failure to record the necessary information within notices.
  • Failure to cite the contractual clause under which the notice is given.
  • Failure to address and/or copy the notice to the correct party.
  • Failure to deliver the notice to the place specified in the contract.
  • Failure to deliver the notice by the means of communication specified in the contract.

FIDIC recognised that these failures were causing significant problems and leading to disputes. So, in the 2017 editions of their contracts they introduced a contractual definition of a notice. They also added significantly more obligations to give notices and more opportunities to give notices than had been included in the 1999 editions.
But are these changes enough to address the problem?

Failure to properly administer the contract is a top cause of disputes. After many years in this field, I know that project teams often put the contract away in a drawer, only to dust it off when problems occur. Often, project teams are unaware of the implications of contract clauses and don’t fully understand their obligations.

I hope my new book will help make things simpler.

In FIDIC 2017 Notices, I examine each clause of the 2017 editions of the FIDIC Red, Yellow and Silver forms of contract that require notices to be given by the Contractor, the Employer and the Engineer. For each, I provide an explanation of why, and under what circumstances, each notice is required. I’ve also included real-world, written examples of typical notices for each clause, to make things event clearer.

My hope is that this new book will help make dealing with notices clearer for anyone working under FIDIC 2017.
If it sounds like this might be useful to you and your project team, you can order your copy here. Alternatively, get in touch or find out more about bespoke training on FIDIC 2017 for your team.