FIDIC 1999 vs 2017: what changed

In 2017 FIDIC released the second editions of the Red, Yellow and Silver Books. This is not a cosmetic tweak but a serious overhaul: the contracts became more detailed, more procedural and far more oriented towards avoiding disputes. Let’s go through the key differences.

Structure: 20 → 21 clauses

The 1999 editions had 20 clauses, with claims and disputes living in Clause 20. The 2017 editions have 21 clauses, and the material is redistributed:

• Clause 20 — now the single claims procedure for both parties.
• Clause 21 — a separate clause on disputes and arbitration (the DAAB).

A single claims procedure

Previously, the Contractor’s and Employer’s claims were handled differently. The 2017 editions introduced a symmetrical mechanism: the same notice-and-substantiation procedure applies to both parties. The preclusive notice period — 28 days — was retained.

From the DAB to the DAAB

The dispute board shifted its emphasis from resolution to avoidance: the Dispute Adjudication Board (DAB) became the Dispute Avoidance/Adjudication Board (DAAB). A standing board for the whole project is intended — one that can help the parties avoid disputes, not just resolve those that have already arisen.

The 2017 philosophy: it is cheaper and faster to prevent a dispute than to win it.

More procedure and certainty

The second editions are markedly more detailed:

• Clear time limits and steps for the Engineer’s actions, including the agreement-or-determination mechanism (Sub-Clause 3.7).
• A requirement for the Engineer to act neutrally when making determinations.
• Detailed procedures for notices, programmes, tests and payments.
• Exceptional Events in place of the former Force Majeure (Clause 18).

The price of this certainty is volume and complexity: the contracts require more disciplined administration and careful record-keeping.

What this means in practice

• Process over improvisation. Time limits and formal steps must be followed to the letter.
• Records decide. Contemporaneous records become even more valuable.
• The Engineer’s role grew procedurally — and requires neutrality.

If your project uses the 1999 editions and the team is used to them, moving to 2017 will require re-tuning your administration processes. The differences can be worked through for a specific contract in a consultation.