Preparing the file for a DAAB referral under FIDIC 2017

1. Know the time limits

• Notice of Dissatisfaction with the Engineer's determination: within 28 days (Sub-Clause 3.7.5).
• Referral of the dispute to the DAAB: within 42 days after that notice, or it lapses (Sub-Clause 21.4.1).
• DAAB decision: within 84 days after receiving the referral, unless a longer period is agreed (Sub-Clause 21.4.3).
• Notice of Dissatisfaction with the DAAB decision: within 28 days, or the decision becomes final and binding (Sub-Clause 21.4.4).

2. Write a chronology the Board can trust

One line per event: the date, what happened and the document that proves it. No argument in the chronology; the argument comes later. A chronology that mixes facts and opinions is the first thing the other side will attack.

3. State the issues as questions

Was the notice given in time? Did the event delay completion? What Cost was incurred? Each issue as a short question, with the clause it turns on, helps the Board and keeps the submission focused.

4. Index the evidence

Number every exhibit and refer to it by number in the chronology and the submission. Letters, minutes, site diaries, programme files and cost records go in the order the Board will read them.

5. Say exactly what you ask for

The relief sought closes the file: the days of extension, the amount and the dates they run from. A Board cannot give what was not asked for. The legal submissions stay with your lawyer; the facts, the records and the technical case can be prepared by engineers who know the project.

This note is general information, not legal advice for a specific contract.