The updated guide provides legal drafting strategies for Particular Conditions. It suggests inserting a clause that any Engineer’s determination is automatically referred to the DAAB for approval if the disputed amount exceeds a certain threshold (e.g., 5% of the Contract Price). This converts the Engineer into a glorified clerk. Trap 3: The DAAB “Deemed” Decision The Problem: If the DAAB fails to issue a decision within 84 days of a dispute being referred, the 2017 rules state the DAAB is “deemed” to have declined to give a decision. But the clock for arbitration doesn’t start until the parties have given a Notice of Dissatisfaction.
Disclaimer: This article is for informational purposes and does not constitute legal advice. Always consult a qualified construction lawyer for specific contract issues.
That era is over.
In the high-stakes world of international construction and infrastructure, the transition from the 1999 FIDIC “Rainbow Suite” to the 2017 editions has been nothing short of a seismic shift. For years, industry professionals clung to the Red, Yellow, and Silver Books of 1999, knowing every nuance, every claim pitfall, and every arbitration trap.
The is not merely a document. It is your procedural shield, your claim weapon, and your project’s survival manual. Whether you are an employer drafting Particular Conditions or a contractor fighting for a 6-month extension of time, you cannot afford to rely on outdated commentary.
