Claims
A single 20.2 procedure for both parties instead of separate 20.1 / 2.5. An explicit 28-day time-bar and an 84-day fully detailed claim.
FIDIC · Editions compared
FIDIC 1999 → 2017 → 2022: what changed
Three generations of the rainbow suite in one place. Below: the big shifts between editions and a clause-by-clause comparison of key Red, Yellow and Silver Book provisions.
The big shifts
Disputes
From the DAB to a standing DAAB with an emphasis on Dispute Avoidance and a separate Clause 21.
Engineer’s role
The Engineer must act neutrally when determining (Sub-Clause 3.7), with clear time limits for agreement/determination.
Structure
21 clauses instead of 20, more procedural detail, notices and “Advance Warning”.
2022 reprint
The 2022 edition is a reprint of 2017 with editorial clarifications, not a new edition.
Claims & disputes
20.2
Sub-Clause 20.2 — Claims procedure
Open clause → 1999
Only Sub-Clause 20.1 and only for the Contractor; the Employer’s claims went through Sub-Clause 2.5.
2017
A single 20.2 mechanism for both parties, clear 28/84-day periods and an explicit time-bar.
2022 (reprint)
The 2022 reprint kept the 2017 structure with editorial clarifications.
21
Clause 21 — Disputes and the DAAB
Open clause → 1999
Disputes were in Clause 20 (DAB), often ad hoc, with similar decision periods.
2017
Moved to a separate Clause 21; the DAAB became standing, with dispute avoidance added.
2022 (reprint)
The 2022 reprint clarified DAAB procedure and timing without changing substance.
3.7
Sub-Clause 3.7 — Agreement or Determination
Open clause → 1999
Determinations were made under Sub-Clause 3.5 without an explicit agreement step.
2017
A two-step 3.7 mechanism (agreement → determination) and a neutrality duty were introduced.
2022 (reprint)
The 2022 reprint clarified the 3.7 timing and procedure.
1.3
Sub-Clause 1.3 — Notices and Other Communications
Open clause → 1999
Sub-Clause 1.3 “Communications” — more general rules without the express “Notice” label.
2017
A formal Notice concept was introduced, with mandatory identification and a clause reference.
2022 (reprint)
The 2022 reprint made editorial clarifications only.
Time & EOT
8.5
Sub-Clause 8.5 — Extension of Time
Open clause → 1999
EOT was governed by Sub-Clause 8.4 with a similar list of causes.
2017
Renumbered to 8.5 and tightly linked to the unified 20.2 claims procedure.
2022 (reprint)
The 2022 reprint made no substantive change to EOT.
8.8
Sub-Clause 8.8 — Delay Damages
Open clause → 1999
Governed by Sub-Clause 8.7 (“Delay Damages”).
2017
Renumbered to 8.8 with clarified wording.
2022 (reprint)
No substantive change in the 2022 reprint.
8.4
Sub-Clause 8.4 — Advance Warning
Open clause → 1999
There was no direct equivalent.
2017
A new Sub-Clause 8.4 Advance Warning was introduced.
2022 (reprint)
No substantive change in the 2022 reprint.
10.1
Sub-Clause 10.1 — Taking-Over Certificate
Open clause → 1999
Clause 10 with a similar taking-over mechanism.
2017
Application/issue timing and “deemed” taking over were clarified.
2022 (reprint)
No substantive change in the 2022 reprint.
8.3
Sub-Clause 8.3 — Programme
Open clause → 1999
Sub-Clause 8.3 required a programme, but with less prescribed content.
2017
Content, format (software) and revision rules were substantially detailed.
2022 (reprint)
No substantive change in the 2022 reprint.
9
Clause 9 — Tests on Completion
Open clause → 1999
Clause 9 with equivalent testing mechanics.
2017
Notice timing and the link to the programme were clarified.
2022 (reprint)
No substantive change in the 2022 reprint.
8.9
Sub-Clause 8.9 — Suspension of Work
Open clause → 1999
Suspension under Sub-Clause 8.8; consequences 8.9, payment for Plant 8.10, prolonged suspension 8.11, resumption 8.12.
2017
A consolidated 8.9–8.12 block: Employer’s Suspension, its consequences, payment for Plant and Materials, and prolonged suspension (84 days).
2022 (reprint)
The 2022 reprint kept the 2017 structure with editorial clarifications.
Payment
14
Clause 14 — Contract Price and Payment
Open clause → 1999
Clause 14 with a similar payment and certification structure.
2017
Timing, the Statement content and IPC issue were clarified.
2022 (reprint)
No substantive change in the 2022 reprint.
2.4
Sub-Clause 2.4 — Employer’s Financial Arrangements
Open clause → 1999
The Contractor could request reasonable evidence at any time, answerable within 28 days.
2017
Disclosure moved to the Contract Data; the request right is limited to specific triggers.
2022 (reprint)
No substantive change in the 2022 reprint.
12
Clause 12 — Measurement and Valuation (Red Book)
Open clause → 1999
Clause 12 “Measurement and Evaluation” with similar principles.
2017
The measurement procedure, attendance and the 3.7 link were clarified.
2022 (reprint)
No substantive change in the 2022 reprint.
14.2
Sub-Clause 14.2 — Advance Payment
Open clause → 1999
Sub-Clause 14.2 with equivalent advance and guarantee mechanics.
2017
Restructured into sub-paragraphs (guarantee, certification, repayment) with clearer wording.
2022 (reprint)
No substantive change in the 2022 reprint.
14.3 / 14.9
Sub-Clause 14.3 / 14.9 — Retention Money
Open clause → 1999
Deduction at Sub-Clause 14.3, payment of retention at Sub-Clause 14.9; a retention bond was not expressly provided.
2017
The same 14.3/14.9 structure plus an explicit retention-bond option and clearer links to the acceptance milestones.
2022 (reprint)
The 2022 reprint made no substantive change to retention.
Variations
13
Clause 13 — Variations and Adjustments
Open clause → 1999
Clause 13 with a similar structure; value engineering existed.
2017
The 13.3 process (instruction vs request for proposal) and the link to 3.7 were clarified.
2022 (reprint)
No substantive change in the 2022 reprint.
13.2
Sub-Clause 13.2 — Value Engineering
Open clause → 1999
Sub-Clause 13.2 allowed Contractor proposals with possible benefit-sharing in some cases.
2017
The same Sub-Clause 13.2 with a clearer procedure for submitting and reviewing the proposal.
2022 (reprint)
No substantive change in the 2022 reprint.
Securities
4.2
Sub-Clause 4.2 — Performance Security
Open clause → 1999
Governed by Sub-Clause 4.2 with similar security requirements.
2017
Clear grounds for a call and links to dates/events were added.
2022 (reprint)
The 2022 reprint updated references to the annexed guarantee forms.
Risk & events
4.12
Sub-Clause 4.12 — Unforeseeable Physical Conditions
Open clause → 1999
Sub-Clause 4.12 with a similar “unforeseeable” test.
2017
The notice process and the link to the unified 20.2 claim mechanism were clarified.
2022 (reprint)
No substantive change in the 2022 reprint.
11
Clause 11 — Defects after Taking Over (DNP)
Open clause → 1999
Clause 11 with the DNP and Performance Certificate.
2017
The remedying process and DNP extension were clarified.
2022 (reprint)
No substantive change in the 2022 reprint.
15
Clause 15 — Termination by Employer
Open clause → 1999
Clause 15 with similar termination grounds.
2017
Notice timing and the termination-date valuation were clarified.
2022 (reprint)
No substantive change in the 2022 reprint.
18
Clause 18 — Exceptional Events
Open clause → 1999
Was called Force Majeure (Clause 19).
2017
Renamed Exceptional Events (Clause 18); the list and consequences were clarified.
2022 (reprint)
No substantive change in the 2022 reprint.
5
Clause 5 — Design (Contractor’s Design)
Open clause → 1999
Clause 5 in Yellow/Silver 1999 with a similar design-duty structure.
2017
The document review procedure and the Engineer’s objection statuses were detailed.
2022 (reprint)
No substantive change in the 2022 reprint.
16
Clause 16 — Suspension and Termination by Contractor
Open clause → 1999
Clause 16 with the same logic; periods and grounds were less detailed.
2017
Grounds, periods and the interplay with 2.4 and 14 were clarified.
2022 (reprint)
No substantive change in the 2022 reprint.
17
Clause 17 — Care of the Works and Indemnities
Open clause → 1999
Clause 17 also contained the overall liability cap (17.6).
2017
The liability cap moved to 1.15/1.14; Clause 17 focuses on care and indemnities.
2022 (reprint)
No substantive change in the 2022 reprint.
19
Clause 19 — Insurance
Open clause → 1999
Insurance sat in Clause 18.
2017
Moved to Clause 19; policy and timing requirements were detailed.
2022 (reprint)
No substantive change in the 2022 reprint.
1.15
Sub-Clause 1.15 — Limitation of Liability
Open clause → 1999
Located at Sub-Clause 17.6 (Limitation of Liability) within the risk clause.
2017
Moved to the general provisions — Sub-Clause 1.15, with an explicit list of exclusions and the cap.
2022 (reprint)
The 2022 reprint clarified the exclusion wording without changing substance.
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