FIDIC 2017 time limits: the 10 every team should know
Ten periods from the FIDIC 2017 Red Book that decide whether entitlement, payment and decisions arrive on time, for every side of the contract.
These periods come from the General Conditions of the FIDIC 2017 Red Book. Particular Conditions often change them, so always check your own contract before relying on a date.
From award to the start of work
- Sub-Clause 8.1, Commencement: the Works start within 42 days after the Contractor receives the Letter of Acceptance.
- Sub-Clause 4.2, Performance Security: delivered within 28 days after receiving the Letter of Acceptance.
- Sub-Clause 8.3, Initial programme: submitted within 28 days after receiving the Notice of the Commencement Date.
Claims
- Sub-Clause 20.2.1, Notice of Claim: no later than 28 days after the claiming party became aware, or should have become aware, of the event. A late notice can lose the entitlement.
- Sub-Clause 20.2.4, Fully detailed claim: within 84 days after becoming aware, including the contractual or legal basis.
The Engineer's determination
- Sub-Clause 3.7.3: the Engineer gives the determination within 42 days after the time limit for agreement.
- Sub-Clause 3.7.5: a Notice of Dissatisfaction is given within 28 days after receiving the determination; otherwise it becomes final and binding.
Payment
- Sub-Clause 14.6.1, Interim Payment Certificate: issued within 28 days after the Engineer receives the Statement.
- Sub-Clause 14.7(b), Interim payment: paid within 56 days after the Engineer receives the Statement.
Disputes
- Sub-Clause 21.4.3, DAAB decision: within 84 days after the DAAB receives the reference.
What this means in practice
For the Contractor, a diary of these dates is the cheapest protection of entitlement. For the Employer and the Engineer, the same dates decide when a claim can be rejected as late and when a determination must be issued. We keep these dates in a register from the first day of every assignment.
This note is general information, not legal advice for a specific contract.
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