FIDIC CONTRACTS (SILVER BOOK)

2017 CHANGES
CLAUSE SUBJECT CHANGE
01.01.17, 13.03, Profit The amount of profit recoverable is set at a default sum of 5%.
15.06
01.15 (former Limitation of Liability Delay Damages, indemnity liabilities are lifted from the exclusion of indirect
17.06 in 1999) (Liability Caps) or consequential loss. Gross negligence is lifted from the aggregate cap
(liability).
03 Employer's The Employer’s Representative’s (ER) is required to act as a skilled
Representative professional and must be competent to carry out his/her duties in even-handed
manner. Employers will need to consider more carefully who they appoint as
ER, as a failure of the ER to satisfy the above may amount to an Employer
breach.
04.15, 08.05, 08.06 Extension of Time for The Contractor’s entitlement to EOTs has been expanded to grant relief where
Completion the non-suitability or non-availability of an access route arises as a result of
changes to that access route by a third party after the Base Date, where delays
are caused by private utility entities or where there are Unforeseeable
shortages in the availability of Employer-Supplied Materials
(caused by epidemic or governmental actions).

08.03 Programme • The programming requirements include additional details that must be
included in each programme, including logic links, float and critical path –
increasing costs at tender stage.
• Employer's Representative is to give notice within 14 days on revised
Programme otherwise it will become the Programme.
08.04 Advance Warning Advance warning provisions have been introduced requiring each Party to
advise the other of any known or probable future events which may adversely
affect the performance of the Works, increase the Contract Price or delay the
execution of the Works. There do not appear to be any consequences for
failure to issue an advance warning. Contractors should expect Employers to
address this with amendments reducing the Contractor’s entitlement to relief
where they fail to issue an advance warning.

08.05 Extension of Time for • Notice is no longer required if Contractor is seeking an extension of time
Completion resulting from a Variation
• Parties are required to adopt rules and procedures
to deal with concurrent delay by means of the Special Provisions
11.01 Latent Defects The Contractor’s liability for latent defects in Plant shall cease two years after
expiry of the Defects Notification Period (subject to certain exceptions)

13.06 Permits The change in law provisions have been extended to apply to changes in
permits to be obtained by the Employer or a change in the requirements for
any permit to be obtained by the Contractor. Such changes will entitle the
Contractor to additional time and money.

14.14 Cessation of Employer's Contractors to include all claims in the Statement on Completion (except for
Liability those arising after the issue of the Taking-Over Certificate), Final Statement
or any Partially Agreed Final Statement, whether such claims have been
referred to the DAAB or have had a Notice of Dissatisfaction (NOD) issued in
relation to them, otherwise the Employer will avoid any liability for them.
The Contractor only has 56 days to dispute the Final Payment Certificate
(FPC) otherwise the Contractor will be deemed to have accepted the amounts
and the Employer shall have no further liability.

15.02, 16.02 Termination Either Party has a right to terminate if the other fails to comply with a
binding agreement or final and binding determination of the ER or a decision
of the DAAB (Dispute Avoidance / Adjutication Board) and such failure
constitutes a material breach.
17.02, 17.05, 17.06 Liability for Care of the Employer’s Risks now also includes a ‘catch all’ any act or default of the
Works Employer’s Personnel or other contractors.
17.04 Design Risks The Contractor to indemnify the Employer against all errors in the
Contractor’s design which result in the Works not being fit for purpose.
20 Claims Time frames for submission of Notice of Claim and Fully Detailed Claim are
to be applied for both the Employer and the Contractor.

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