FIDIC 2017: A definitive guide to claims and disputes second edition serves as a practical legal companion for managing the procedures for claims and disputes within the 2017 FIDIC suite of contracts. It is the first book to present a comprehensive treatment of the multi-tiered dispute avoidance and resolution process. The book explains each stage of the process and includes numerous flowcharts and worked procedural examples to facilitate understanding.
Fully revised and updated, this edition includes 2022 amendments to the FIDIC contracts and reforms to adjudication practice; worked procedural examples; provisions within the FIDIC Green Book (Second Edition 2021); recent court decisions and arbitral awards worldwide, and commentary on the World Bank’s Standard Bidding Documents.
Included in this definitive reference
- the distinct functions and powers of the Dispute Adjudication/Avoidance Board (DAAB) to avoid disputes
- techniques to achieve amicable resolution of claims and disputes
- full coverage of typical court enforcement powers and FIDIC’s preferred arbitral procedure
- the operation of FIDIC contract provisions under a variety of civil, common law and mixed legal systems, drawing on court decisions and arbitral awards worldwide.
FIDIC 2017: A definitive guide to claims and disputes second edition is an indispensable resource for professionals engaged with the FIDIC contracts. This comprehensive reference serves both construction professionals including engineers, surveyors and consultants as well as legal professionals including lawyers, adjudicators and chartered arbitrators.
Table of Contents:
Chapter 1. The Dispute Avoidance/Adjudication Board;
Chapter 2. The sources of a Claim;
Chapter 3. The formal inception of a Claim;
Chapter 4. The amicable resolution of a Claim;
Chapter 5. The implementation of an agreed Claim;
Chapter 6. The formal determination of a Claim;
Chapter 7. The implementation of a determined Claim;
Chapter 8. The concept of a Dispute;
Chapter 9. The formal inception of an adjudication;
Chapter 10. The interim deciding of a Dispute;
Chapter 11. The implementation of the decision;
Chapter 12. The amicable settlement of a Dispute;
Chapter 13. The final deciding of a Dispute;
Chapter 14. The implementation of final awards on a Dispute
About the Author :
Nicholas Alexander Brown LL.B & LL.M, DipICArb, FCIArb, FSIA is a Partner at Pinsent Masons in Singapore.
Review :
In FIDIC 2017: A definitive guide to claims and disputes, Nicholas Brown has produced a magisterial discussion of the claims and dispute process under the FIDIC second editions of Contract. The quality and usefulness of this book is hard to overemphasise. Covering as it does the processes of claim, entitlement, Dispute Board determinations and enforcement, and arbitration under the ICC Arbitration Rules, it will serve as a handbook for owners, contractors, project administrators, lawyers and arbitrators, for which all will be grateful. There is no doubt that it will be used as the “go to” reference work for those involved in, or considering the use of, the FIDIC suite of contracts.
FIDIC 2017: A definitive guide to claims and disputes is certainly a welcome addition to the existing texts on the FIDIC Second Edition. The book is brilliantly crafted with a clear objective – to provide a detailed and procedurally focused account of the FIDIC 2017 dispute avoidance and resolution process. Focused primarily on the FIDIC 2017 Red, Yellow and Silver Forms, the book offers a step-by-step explanation of the multi-tiered process concerning Claims and Disputes.
Where Nicholas Brown’s FIDIC 2017: A definitive guide to claims and disputes stands apart from the field is in its detailed treatment of the provisions that deal with claims and disputes that may arise under [the FIDIC suite of contracts]. The book is peppered with flow-charts of how, for example, timelines work for certain kinds of claims or how various clauses interact. These are all illustrations of a very methodical approach that Nicholas Brown has taken to analyse the clauses and their implications in practice. To those who may be involved in such disputes, FIDIC 2017: A Definitive Guide to Claims and Disputes is a must-have addition for the bookshelf.
Nicholas Brown’s stage-by-stage, step-by-step approach delivers very practical guidance that project team members will find invaluable. Indeed, the guide is so full of case law examples and other useful references, and in explaining what FIDIC intends, that it will cover most of the circumstances that practitioners on-site will be faced with.
The author has brilliantly brought out the wide and in-depth application and implications of the FIDIC 2017 claims and dispute resolution provisions. These provisions are explained in detail in each step, from the root cause of the claim until it is resolved. The author has aptly corelated the past case histories to the relevant provisions which gives the reader a crystal-clear understanding. Well-structured and the substance flows without any disconnect. This guide is a must for every practicing Contract / Claim management professional, Adjudicator, Arbitrator and Techno-Legal expert.
