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Claims and Adjudication under 2017 Edition FIDIC Contracts

Conference Paper · November 2018

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We would like to thank for their coordinations and valuable supports of:

Presidency of Turkish Republic of Northern Cyprus

Ministry of National Education and Culture
Ministry of Tourism and Environment
Cyprus International University
Chamber of Civil Engineers – UCCTEA
TABLE OF CONTENTS

Preface ......................................................................................................................................................I
Conference Chairs ................................................................................................................................IV
Organizing Committee .........................................................................................................................IV
Advisory Board ...................................................................................................................................... V
Rewards Assessment Committee .......................................................................................................... V
Scientific Committee ............................................................................................................................VI
Papers ...................................................................................................................................................... 1
Factors affecting the Construction Waste Management in terms of Refurbishing, Reusing or Recycling ..... 1
A Meta-Analysis Study for BIM Based Automated Code ComplianceChecking............................................... 9
A BIM Based Automated Code Compliance Checking Conceptual Model Proposal for Housing Projects in
Turkey ............................................................................................................................................................ 30
BIM (Building Information Modelling) & IFC (Industry Foundation Classes) & ACCC (Automated Code
Compliance Checking) Concepts: An Overview ............................................................................................. 45
Cross-culturalCommunication Barriers in Multinational ConstructionProjects........................................... 70
Health and Safety Documentation System Establishment in Construction Projects through Planning and
Scheduling ..................................................................................................................................................... 77
A Semi Automated Rule Based Approach for Safety Based Scheduling ....................................................... 83
Determining the Relationship between Burnout, Occupational Stress and Turnover Intention of Architects
Working at Architectural Offices .................................................................................................................. 92
The Impact of Management (Style) on Cost of Quality in Engineering Projects. ....................................... 101
Brand Identity in Turkish Housing Market ................................................................................................... 111
Assessment of the Capabilities of Commercial Tools to Develop 4D/5D Models........................................... 120
Quality Obligations of Contractors and Punch-Lists in Road Construction Projects: A Design and Build (D
& B) Road Project Study in Turkey ............................................................................................................ 128
Payment Issues in FIDIC Red Book (1999) and FIDIC Yellow Book (1999) ............................................. 140
A Subcontractor Health and Safety (H&S) Management Framework Proposal for a Road Project in Turkey
...................................................................................................................................................................... 152
Challenges and Complexity in Multidisciplinary Projects’ Process Management ...................................... 164
Contractor’s Monitoring Process of Subcontractors’ Quality Performance............................................... 171
The Determination of the Importance of the Factors, Affecting Performance of Turkish Construction
Companies in International Projects .......................................................................................................... 181
SIMURG: A Performance-Based and Sustainability-Oriented Integration Model Using Relational Database
Architecture to Increase Global Competitiveness of Turkish Construction Industry in Industry 4.0 Era . 190
Turkish Architectural and Civil Engineering Education within the Scope of Sustainable Construction..... 200
Using Augmented Reality in Construction Project Activities ....................................................................... 209
A Bibliographic Review of Internet of Things in the Construction Industry ................................................ 217
Relation between Environmental Sustainability and Corporate Social Responsibility: A Bibliometric
Literature Review ......................................................................................................................................... 225
SIMURG_PERISCOPE: A Performance-based Integrated System for Construction Companies’
Procurement Departments Based on the Variations of Estimated and Actual Risks/Comparative Evaluation
of the Effects of Personal Attributes ............................................................................................................. 233
SIMURG_MORPHO_BLUE: A Performance-Based Integrated Model at Building Premises Level: Analysis
of Differences in Clients’ and Designers’ Value Systems in Kitchen Design .............................................. 241
Job Satisfaction of Architects According to Career Stages: An Empirical Analysis..................................... 251
BIM Based Design Optimization Framework for the Energy Efficient Building Design in Turkey ............ 261
Identifying Project Leadership Characteristics for Sustainable Building Projects ..................................... 274
SIMURG_CITIES: A Performance-Based Integrated Model for Design and Evaluation of Sustainable and
Sophisticated Solutions at Cities Level: Determination of KPIs and Principles of Model at Conceptual
Dimension .................................................................................................................................................... 282
Electronic Procurement Systems and Building Information Modeling Integration in Construction Sector: A
Case Study .................................................................................................................................................... 290
A Heuristic for Resource-Constrained Multi-Project Discrete Time-Cost Trade-Off Problem .................. 298
A Critical Review on Design Phase Related Latent Defects in Buildings.................................................... 307
Heavy Equipment Productivity Analysis by Monte Carlo Simulation and CYCLONE Method .................. 314
SIMURG_ARCADIA: A Performance-Based Integrated Relational Database Model for the Assessment
Processes of Architectural Design Competitions in Professional Practice and Architectural Design Studios
in Academia.................................................................................................................................................. 324
Investigation and Evaluation of Development of Legislation for Sustainable Construction in Turkey....... 332
A General Overview of Life Cycle Assessment ............................................................................................. 340
Impact of Evolving Construction Project Management Techniques for Proper Project Delivery: Review on
Constructability Review, Lean Construction (LC) and Value Engineering (VE) Techniques .................... 349
Megaproject Management with Particular Reference to a Mass Rapid Transit Project in Turkey ............. 365
The New Severity Scale of Occupational Accidents for Construction Projects ......................................... 374
SIMURG_HELMET: An Integrated Solution for the Departments of Health of Labourers and Safety of
Work in Construction Firms and a Relational Database Model for the Evaluation and Tracking the
Performance of Department ......................................................................................................................... 382
Three Major Build Operate Transfer Projects in Turkey ............................................................................. 390
Evaluation of Litigation Process in Turkish Construction Industry from the Perspective of Judicial Actors
...................................................................................................................................................................... 399
Potential Uses for Robotics in Construction Projects ................................................................................... 409
Adaptive Building Envelope Systems: A Literature Review...................................................................... 417
An Integrated Approach for HVAC-AHU System Selection in Green Projects ........................................... 425
Activity-Based Prevention Cost in Construction: The Case of Ready-Mixed Concrete Pouring Activity .... 435
Factors Affecting the Choice of Dispute Resolution Methods in International Construction Contracts .... 442
Towards a BIM-based System Integrated to a Virtual Reality Platform ..................................................... 450
Assessment of the Digital Competence of Construction Project Managers ................................................ 458
Integrating a Meta-Heuristic Method into Microsoft Project for Time-Cost Trade-off Analyses ............... 467
Causes and Effects of Construction Project Delays: A Local Case Study in Edirne City Centre ................ 478
Determination of Opinions of Turkish Contractors on the Use of Mediation and Construction Mediation
Institutions ................................................................................................................................................... 486
Hierarchy of Control Measures for Common Construction Activities: A Field Study ................................ 495
Critical Success Factors in Architectural Design Firms in Turkey................................................................ 501
Delay Analysis in Construction Projects with no Updated Work Schedules ............................................... 507
Construction Project Process Waste Analysis for Managing and Minimizing: A Literature Review .......... 517
Change in Occupational Health and Safety Management System: ISO 45001:2018 ................................. 525
Evaluating the Impacts of Project and Company Related Factors on Construction Project Success .......... 533
BIM Transition Process in Construction Companies................................................................................... 540
Problems of Ready-Mixed Concrete Producers in Turkey............................................................................ 548
Transferring, Translating and Transforming Knowledge in Construction Project Organizations: A
Simulation Model ......................................................................................................................................... 555
Analysing Project and Construction Management Research: Perspectives from Graduate Studies in Turkey
...................................................................................................................................................................... 567
Architects’ Motivators and Personal Values ................................................................................................ 575
Modeling of Zoning Information in GIS for Automated Code Checking ................................................... 584
The Analysis of the Effect of Syrian Immigrants’ Workforce on Turkish Building Sector......................... 592
Construction Project Management Problems and Solution Proposals of Education Buildings.................. 602
The Review of Resilience Concept in Built Environment ............................................................................. 611
Compliance of Standard Forms of Construction Contracts and Protocols with BIM-Adopted Construction
Sector in USA and UK .................................................................................................................................. 620
An Investigation into the State of the Art of the Literature on Marketing in the Construction Industry .... 629
Integrating Facilities Management Data in Building Information Modelling ........................................... 637
Building Information Modelling for Performing Automated QuantityTake-Off........................................... 645
A Value at Risk Model for Managing Financial Risks in Public Private Partnerships Investments: The Case
of Osmangazi Bridge .................................................................................................................................... 654
A Case Study: Is Gender Important on the Employees of the Construction Sector?................................... 662
Professional Ethics Analysis in the Construction Industry .......................................................................... 674
The Concept of Cost in Public Construction Projects in Turkey: A Critical Review................................... 683
Inter-relations between Critical Success Factors of ERP Systems and ISO 9001 QMS Elements in the
Construction Industry .................................................................................................................................. 691
BIM Adoption in Metro Projects: Challenges and Lessons Learned ............................................................ 699
Investigation of Radon Exposure in Indoor Areas ....................................................................................... 706
A Literature Review of Sustainability Assessments of Infrastructure Systems............................................ 715
A Meta-Analysis of Last Planner System Approaches as a Lean Construction Tool .................................. 724
Evaluation of Qualified Labour in Construction Sector: Stonemasonry Masters in Kayseri ...................... 733
Investigation of Indoor Environmental Conditions of a Historical Building in İzmir ................................ 741
Life Cycle Costing in Construction Sector: State of the Art Review............................................................. 750
SIMURG_PROJECTS: A Performance-Based Integrated Model for Design and Evaluation of Sustainable
and Sophisticated Solutions at Projects Level of Built Environment: Search for the Lean Architecture of
Relational Database ..................................................................................................................................... 759
Smart Contracts in Construction Industry.................................................................................................... 767
Do Gender and Age Group Affect Thermal Sensation? A Field Study in an Office Building .................... 775
Investigating the Effectiveness of Using Fiber Reinforced Polymer on Pipelines in Industrial Plants ....... 783
A Review on Sustainability in School Facilities through the Perspective of Architects............................... 790
Eye Tracking Technology in Architecture, Construction, and Engineering Industry................................. 806
An Assessment of BIM Based Construction Quantity Take-Offs................................................................. 816
Assessment of Temporary Edge Protection System (TEPS) ......................................................................... 824
Bridging the Information Gap Between BIM and Building Codes: A Practical Approach Utilizing IFC
Property Sets................................................................................................................................................. 832
Risk Management in Construction Projects ................................................................................................. 840
Opportunities and Challenges of BIM-Based Risk Management in Different Phases of Building Production
...................................................................................................................................................................... 850
Towards Green Campuses: Students’ Perceptions and Expectations.......................................................... 859
Gathering Data for Eligible Extension of Time Claim in Construction Projects ........................................ 867
Establishing Success Measurements of International Joint Ventures in Aviation Projects: A Case of TAV-
ACC .............................................................................................................................................................. 874
Analysis of Factors Affecting Labor Productivity in Construction .............................................................. 883
Claims and Adjudication under 2017 Edition FIDIC Contracts .................................................................. 894
Risk Identification in Public Private Partnership Projects........................................................................... 901
Collection and Analysis of Data for Accreditation ....................................................................................... 914
An Integrated Multi-Attribute-Decision-Making Approach for Main Contractor Selection: A Case Study 920
Evaluation of Energy and Atmosphere Credit Achievements of LEED-Certified Buildings in Turkey ...... 928
A Critical Review of Post-Occupancy Evaluation (POE) Tools ................................................................... 937
Integration of Construction Risk and Earned Value Management .............................................................. 947
A Model to Assess Government Guarantees in BOT Toll Road Projects using Optimized Real Options
Approach ...................................................................................................................................................... 955
Clustering of Countries to Facilitate Knowledge Transfer between Similar Markets ................................. 967
Assessment of Migrant Labour in Construction ........................................................................................... 976
An Investigation into the Relationship between Safety Culture, Mindfulness and Safety Behaviors. A Case
Example from the Construction Industry .................................................................................................... 987
Maintainability Issues: The Gap between Design and Facility Management ............................................ 996
A Resource Based Perspective on the Evaluation of Turkish Construction Firm Resources .................... 1006
BIM and Lean Synergies Conceptual Framework in the Istanbul Grand Airport Project ........................ 1014
Contemporary Issues in Mega Construction Projects ................................................................................ 1022
Discussion of a Case File for the Revised Unit Price Practice in Construction Works............................. 1036
Review of Studies on BIM Adoption in AEC Industry ............................................................................... 1046
BIM Implementation in Infrastructure Projects: Benefits and Challenges .............................................. 1056
Significance of Document Management Systems in Construction Project Management and a Review for
Their Practice in the Turkish Construction Industry................................................................................. 1065
Identification of Queries for Decision Making in Building Operation and Maintenance ........................ 1075
Construction Risk Management in Developing Countries ......................................................................... 1084
The Benefits of Construction Logistics Centres in Construction Supply Chain Management: A Case Study
Analysis ...................................................................................................................................................... 1092
Proposing New Technological Solutions for Produced Water Management in an Oil Field .................... 1101
Accounting for Developmental Activities in Petroleum Industry ............................................................... 1109
Examination of the Curriculums in Civil Engineering Education ............................................................... 1113
Impact of Emerging Trends to Risk Management in Construction Projects ............................................ 1121
The Effect of Project Team Organization and Communication on a Project’s Success in the Construction
Industry: A Study on the Lebanese Architecture Firms ............................................................................ 1129
Barriers to Adopting MMC by the Construction Industry in the UK ........................................................ 1140
Assessment of Contract-based Challenges in Subcontracting.................................................................... 1151
Corporate Project Management System Design and .................................................................................. 1159
Tender of Construction Works with Original and Complex Technical Charactetistics within the Scope of
Public Procurement Law: Bargaining Procedure, Article 21 (E) ............................................................. 1166
Contract Methods and Application - A Case Study for Small Scale Projects in the UK ............................ 1175
Planning for Optimum Solution - Case Study from the UK Highways Construction Management and Contract
Specification for Operational and Environmental Benefits ........................................................................ 1189
Real Estate Marketing and Sales Systems of Construction Companies .................................................... 1200
Assessment of Social Sustainability in Green Building Certification Systems .......................................... 1209
Review of Methods of Earthen Construction ............................................................................................. 1220
Determining Costs of Construction Errors, Based on Fuzzy Logic Systems ............................................. 1229
Determination of Performance Criteria for Engineering and Design Firms ............................................. 1239
Evaluation of Factors Related to On-Site Material Management Practices on Labour Productivity........ 1248
An Evaluation of Architecture and Civil Engineering Students` Perception Regarding to Motivation and
Productivity in Business Life ..................................................................................................................... 1257
Sufficiency of Corporate Ethical Codes of Turkish Construction Firms as a Challenge to Survive in the
International Arena ................................................................................................................................... 1267
Game Theory Applications in Construction Management Literature ....................................................... 1276
Optimum or Near-Optimum Resolution of Resource Leveling Problems with Spreadsheet Application .. 1285
Multi-Project Multi-Resource Leveling Using Mixed Integer Programming ........................................... 1300
ERP System Applications in Construction Project and Process Management.......................................... 1309
Lean Project Management using Unmanned Aerial Vehicles .................................................................... 1318
Domain-Specific Ontology Development in Construction Industry ........................................................... 1323
Limitations in Quantification of Head Office Overheads in the Turkish Construction Industry.............. 1332
An Evaluation of Contractor Selection Process in Developing Countries: Example of Ghana ................ 1338
Analysis of Factors Affecting the Health and Safety of Construction Workers ........................................ 1345
Critical Success Factors for Sustainable Construction of Mega Construction Projects ............................ 1353
Investigation of the Sunshine Duration Effects on the LEED BC+D Certificated Projects in Turkey in Terms
of Electricity Consumption and Production .............................................................................................. 1363
Affordable Housing in Turkey through Lean Construction Framework .................................................... 1371
Identifying Requirements for BIM Adoption in the Case of Maintenance and Renovation Projects of a
University ................................................................................................................................................... 1378
Modeling Highway Projects: The Need for Highway Information Modeling (HIM) Guidelines and
Information Exchanges ............................................................................................................................. 1390
From Smart Sustainable Cities to Smart Buildings: a Top to Bottom Approach ...................................... 1398
Categorization of Smartness in Smart Built Environments........................................................................ 1406
An Experimental Study on Impact of Risk Data Visualization on Risk Evaluations ................................ 1419
Leveraging Point Cloud Data for Detecting Building Façade Deteriorations Caused by Neighboring
Construction ............................................................................................................................................... 1428
Utilization of local waste materials in construction industry – a case study in Nicosia ............................ 1437
Improving Health and Safety Works in Construction Sites: Case Study in Libya..................................... 1448
Lean and Agile Construction Project Management Signals From a Nostalgic (30-Year-Old) Project Report
.................................................................................................................................................................... 1458
Utilizing Analytical Hierarchy Process (AHP) for Multi-Criteria Decision-Making in Project Management
and Contractor Selection Decision Making .............................................................................................. 1472
Occupationally Safer Designs in Construction Industry: BIM Based Solution Method ........................... 1484
The Role of Contracting Strategy in Successful Outcome of Sustainable Projects in Turkish Architecture,
Engineering and Construction (AEC) Industry ........................................................................................ 1493
The Impact of User Behavior on the Retrofitting Decision for Dormitory Buildings-A Case Study on
Sarıtepe Campus Dormitory .................................................................................................................. 1503
Symbiotic Data Platform: Prototype I and Prototype II ............................................................................. 1512
Identification of Risk Factors for Solar Energy Investments in Turkey.................................................... 1521
Knowledge Transfer Partnership Program for BIM Implementation in the AEC Industry in Turkey: Critical
Success Factors .......................................................................................................................................... 1530
The Effect of Project Variables on Cost/Time of Construction Project..................................................... 1548
Prognosis for Smart Proactive Management of Bridges ............................................................................ 1555
 Critical Success Factors for Public Private Partnership Projects in Turkey ............................................. 1570
Sydney Opera House with its Construction Failures ................................................................................. 1583
Author Index…………………………………………………………………….……………….....1590
PREFACE

Project and Construction Management Conference (in Turkish abbreviated as PYYK) has
already been organized four times previously in Turkey. The 5th conference first time is
organized as an international conference, entitled as International Project and Construction
Management Conference, IPCMC 2018 on 16-18 November 2018 by Cyprus International
University, in Cyprus.

The aim of this series of conference is to bring together the researchers in project and
construction management field and the construction industry experts to share their latest
research findings, experiences and prospects on the construction industry. The conference is
targeted to create a forum especially for the early stage researchers to discuss their research
ideas, preliminary findings and develop academic networks. As a tradition in PYYK
conferences, rewards are delivered to the best five papers among those prepared by graduate
students.

The conference is expected to create a medium for future collaboration among researchers
and professionals. Well-known keynote speakers in the academia as well as in the
construction industry are invited to share their experiences and foresights regarding the built
environment.

This year, the major theme of the conference is “Grand Challenges in the Construction
Industry and Organizations” which have been specified as;

Grand Challenge 1. The new project manager

Grand Challenge 2. Project networks
Grand Challenge 3. Innovation and growth strategies
Grand Challenge 4. Systems integration
Grand Challenge 5. Lifecycle value and governance

The above themes are indicative of potential research topics but authors are not restricted
with these themes. Papers addressing potential challenges of the construction industry,
projects and organizations from perspectives other than the above sub-themes are also most
welcomed.

I
The conference has received 290 abstracts. After a thorough peer review process, 170 papers
are accepted from eleven countries to take place in the proceedings of the conference.

As the Organizing Committee of 5th IPCMC2018, we guarantee an excellent scientific

program and a rich social program for the attendees.

Special thanks go to our keynote speakers Prof. Dr. Ronald McCaffer, Prof. Dr. David Arditi,
Prof. Dr. Ghassan Fouad Aouad and Abdullah Halit Erençay for their valuable contribution
to the conference.

The sponsors and contributing institutions of the 5th International Project and Construction
Management Conference are:

Main sponsor: Tüfekçi Ltd, Cyprus.

Contributing institutions:

Presidency of Turkish Republic of Northern Cyprus, Ministry of National Education and

Culture, Ministry of Tourism and Environment, Cyprus International University and
Chamber of Civil Engineers – UCCTEA.

Sponsors:

Noyanlar Group of Companies, Cyprus

Koltek, Turkey
Taşyapı, Turkey
Armin Elektrik, Turkey
BM Holding A.Ş., Turkey
Prota Mühendislik, Turkey
Prokon Ekon Group, Turkey
İlci Holding, Turkey
Nurol İnşaat ve Ticaret A.Ş., Turkey
YDA, Turkey.

The Organizing Committee and co-chairs of the 5th IPCMC2018 appreciate the enthusiastic
participation of all sponsors and contributing institutions. We would like to thank all of them
for their kind support.

II
We would also like to thank the members of the Organizing Committee, Editorial Board,
Rewards Assessment Committee, Advisory Board and Scientific Committee for all their
efforts to ensure the scientific excellence of this conference.

On behalf of the Organizing Committee of the 5th IPCMC2018, we thank all the authors and
participants who came to Cyprus from different parts of the world to make this conference a
big success.

Prof. Dr. Tahir Çelik (FCIOB) Prof. Dr. M. Talat Birgönül

Conference Co-Chair
Construction Engineering and Management
Division
Civil Engineering Department
Cyprus International University
Conference Co-Chair
Construction Engineering and Management
Division
Civil Engineering Department
Middle East Technical University

III
Conference Chairs
Civil Engineering Department, Cyprus
Conference Co- Chair: Tahir Çelik (FCIOB)
International University, Cyprus

Civil Engineering Department, Middle East

Conference Co- Chair: M. Talat Birgönül
Technical University, Turkey

Organizing Committee

Ayşe Pekrioğlu
Civil Engineering Department, Cyprus International University, Cyprus
Balkıs

Çağın Kazımoğlu Computer Engineering Department, Cyprus International University, Cyprus

Devrim Seral Computer Engineering Department, Cyprus International University, Cyprus

Kemal Tözer Civil Engineering Department, Cyprus International University, Cyprus

Electric and Electronic Engineering Department, Cyprus International

Mehmet Toycan
University, Cyprus

Energy Systems Engineering Department, Cyprus International University,

Mehmet Şenol
Cyprus

Mohammed Ali
Civil Engineering Department, Cyprus International University, Cyprus
Mosaberpanah

Seran Aysal Cyprus Turkish Chamber of Civil Engineers, Cyprus

Shihab Ibrahim Civil Engineering Department, Cyprus International University, Cyprus

Tolga Çelik Civil Engineering Department, Eastern Mediterranean University, Cyprus

IV
Rewards Assessment Committee
Ali Erhan Öztemir Civil Engineering Department, Cyprus International University, Cyprus

Atilla Damcı Civil Engineering Department, Istanbul Technical University, Turkey

Gürşans Güven Işın Civil Engineering Department, Özyeğin University, Turkey

Güzide Atasoy
Civil Engineering Department, Middle East Technical University, Turkey
Özcan

Selin Gündeş Department of Architecture, Mimar Sinan Fine Arts University, Turkey

Sibel Macit İlal Civil Engineering Department, İzmir Democracy University, Turkey

Advisory Board
Alaattin Kanoğlu Department of Architecture, Istanbul Technical University, Turkey

Aynur Kazaz Civil Engineering Department, Akdeniz University, Turkey

Department of Civil, Architectural and Environmental Engineering,

David Arditi
Illinois Institute of Technology, United States

Esin Ergen Pehlevan Civil Engineering Department, İstanbul Technical University, Turkey

Gökhan Arslan Civil Engineering Department, Anadolu University, Turkey

Gül Polat Tatar Civil Engineering Department, İstanbul Technical University, Turkey

H. Murat Günaydın Department of Architecture, Istanbul Technical University, Turkey

Civil Engineering Department, Middle East Technical University,

İrem Dikmen Toker
Turkey

Civil Engineering Department, Middle East Technical University,

M.Talat Birgönül
Turkey

Civil Engineering Department, Middle East Technical University,

Rifat Sönmez
Turkey

V
 Sema Ergönül Department of Architecture, Mimar Sinan Fine Arts University, Turkey

Department of Architecture, Izmir Higher Technological Institute,

Serdar Kale
Turkey

Tahir Çelik Civil Engineering Department, Cyprus International University, Cyprus

Scientific Committee

Alaattin Kanoğlu Department of Architecture, Istanbul Technical University, Turkey

Alberto De Marco Department of Management, Polytechnic University of Turin, Italy

Algan Tezel Department of Architecture, Huddersfield University, United Kingdom

Ali Murat Tanyer Department of Architecture, Middle East Technical University, Turkey

Department of Civil and Environmental Engineering, Northeastern

Ali Touran
University, United States

Almula Köksal Department of Architecture, Yıldız Technical University, Turkey

Ana Cocho Bermejo Architectural Department, International University of Catalonia, Spain

Department of Construction Management and Economics, Faculty of Civil

Anita Ceric
Eng., University of Zagreb, Croatia

Aslı Akçamete Güngör Civil Engineering Department, Middle East Technical University, Turkey

Aslı Pelin Gürgün Civil Engineering Department, Yıldız Technical University, Turkey

Atilla Damcı Civil Engineering Department, Istanbul Technical University, Turkey

A. Tolga İlter Project Management Center, Istanbul Technical University, Turkey

Attila Dikbaş Fine Arts Design and Architecture, Istanbul Medipol University, Turkey

Aynur Kazaz Civil Engineering Department, Akdeniz University, Turkey

VI
 Construction and Infrastructure Systems Engineering, Georgia Institute of
Baabak Ashuri
Technology, United States

Bahriye İlhan Department of Architecture, Istanbul Technical University, Turkey

Barış Salman Civil and Environmental Engineering, Syracuse University, United States

Begüm Sertyeşilışık Department of Architecture, Istanbul Technical University, Turkey

Beliz Özorhon Orakçal Civil Engineering Department, Boğaziçi University, Turkey

Centre of Excellence in Sustainable Building Design, Heriot-

Bilge Erdoğan
Watt University, United Kingdom

Department of Construction and Surveying Glasgow Caledonian University,

Billy Hare
United Kingdom

Department of Civil and Environmental Engineering, University of Southern

Burçin Becerik Gerber
California, United States

Department of Civil and Environmental Engineering, Carnegie Mellon

Burcu Akinci
University, United States

Construction Engineering and Project Management, University of Texas,

Carlos H. S. Caldas
United States

Civil and Environmental Engineering Department, University of Michigan,

Carol C. Menassa
United States

Cemil Atakara Architecture Department, Cyprus International University, Cyprus

Cenk Budayan Civil Engineering Department, Yıldız Technical University, Turkey

Applied Engineering and Technology, Eastern Kentucky University, United

Chengyi Zhang
States

Department of Interior Architecture and Environmental Design, Atılım

Çılga Resuloğlu
University, Turkey

Construction Engineering and Management, Illinois Institute of Technology,

David Arditi
United States

Deniz Artan İlter Civil Engineering Department, Istanbul Technical University, Turkey

VII
 Construction Engineering and Management Program, Kyung Pook National
Dong-Eun Lee
University, Korea

Civil Engineering Faculty, Lyles school of Civil Engineering Purdue

Dulcy M. Abraham
University, United States

Düzgün Ağdaş Science and Engineering Faculty, QUT, Australia

Durham School of Architectural Engineering & Construction, University of

Eddy M. Rojas
Nebraska–Lincoln, United States

Ela Öney Yazıcı Heriot-Watt University, School of Built Environment, Dubai

Elçin Taş Department of Architecture, Istanbul Technical University, Turkey

Emel Laptalı Oral Civil Engineering Department, Çukurova University, Turkey

Emrah Acar Faculty of Architecture, Istanbul Technical University, Turkey

M. Emre Bayraktar Civil Engineering Department, Istanbul Technical University, Turkey

Emre Caner Akçay Civil Engineering Department, Middle East Technical University, Turkey

Ercan Erdiş Civil Engineering Department, İskenderun Technical University, Turkey

Erkan Karaman Department of Architecture, Balıkesir University, Turkey

Esra Kurul Department of Real Estate and Construction, Oxford Brooks University, UK

Esin Ergen Pehlevan Civil Engineering Department, İstanbul Technical University, Turkey

Evren Ülkeryıldız Department of Architecture, İzmir Institute of Technology, Turkey

Institute of Construction Informatics, Technische Universitat Dresden,

Faikcan Kog
Germany

Department of Civil Engineering, NED University of Engineering

Farrukh Arif
and Technology, Pakistan

School of Architecture, Building and Civil Engineering, Loughborough

Francis Edum-Fotwe
University, United Kingdom

Ghassan Aouod Civil and Architectural Engineering, Applied Science University, Bahrain

VIII
Gökhan Arslan Civil Engineering Department, Anadolu University, Turkey

Gökhan Gelişen Civil Engineering Department, Bahçeşehir University, Turkey

Göktuğ Tenekeci Divisional Director at Jacobs, United Kingdom

Gözde Başak Öztürk Civil Engineering Department, Adnan Menderes University, Turkey

Civil Engineering Department, Catholic University of America, United

Gunnar Lucko
States

Gülben Çalış Civil Engineering Department, Ege University, Turkey

Gülgün Mıstıkoğlu Civil Engineering Department, Mustafa Kemal University, Turkey

College of Architecture and the Built Environment, Thomas Jefferson

Gülbin Özcan Deniz
University, Philadelphia, United States

Gül Polat Tatar Civil Engineering Department, İstanbul Technical University, Turkey

Gürkan Emre Gürcanlı Civil Engineering Department, İstanbul Technical University, Turkey

Gürşans Güven Işın Civil Engineering Department, Özyeğin University, Turkey

Güzide Atasoy Özcan Civil Engineering Department, Middle East Technical University, Turkey

Hakan Yaman Department of Architecture, Istanbul Technical University, Turkey

Hasan Basri Başağa Civil Engineering Department, Karadeniz Technical University, Turkey

Heyecan Giritli Department of Architecture, Istanbul Technical University, Turkey

Department of Construction, Glasgow Caledonian University, United

Iain Cameron
Kingdom

İkbal Erbaş Faculty of Architecture, Akdeniz University, Turkey

İpek Gürsel Dino Faculty of Architecture, Middle East Technical University, Turkey

İrem Dikmen Toker Civil Engineering Department, Middle East Technical University, Turkey

IX
 School of Construction, Infrastructure and Sustainability, Florida
Irtishad Ahmad Moss
International University, United States

Department of Interior Architecture and Environmental Design, Özyeğin

Işılay Tekçe
University, Turkey

Jülide Bozoğlu Construction Engineering and Management Program, Illinois Institute of

Demirdöven Technology, United States

Department of Civil and Environmental Engineering, University of Illinois,

Khaled A. El-Rayes
United States

Koray Pekeriçli Department of Architecture, Middle East Technical University, Turkey

Krishna Mochtar Civil Engineering, Pelita Harapan University, Jakarta, Indonesia

Department of Civil and Environmental Engineering, University of Illinois,

Liang Y. Liu
United States

Construction Engineering and Management, Lyles school of civil

Makarand Hastak
engineering Purdue University, United States

Department of Civil and Environmental Engineering, University of Illinois,

Mani Golparvar Fard
United States

Martin Loosemore Built Environment Department, University of New South Wales, Australia

Mehmedali Egemen Civil Engineering Department, European Lefke University, Cyprus

Department of Construction Management, Colorado State University,

Mehmet E. Ozbek
United States

Mehmet Uğural Civil Engineering Faculty, İstanbul Kültür University, Turkey

M. Emre İlal Department of Architecture, İzmir Institute of Technology, Turkey

Department of Civil and Environmental Engineering, Virginia Polytechnic

Michael Garvin
Institute and State University, United States

Mladen Vukomanović Faculty of Civil Engineering, University of Zagreb, Croatia

Mohan M.
Kumaraswamy Department of Civil Engineering, University of Hong Kong, China

X
Murat Çıracı Faculty of Architecture, Istanbul Technical University, Turkey

Murat Gündüz College of Engineering, Qatar University, Qatar

Nur Atakul Department of Architecture Mimar Sinan Fine Arts University, Turkey

Ö. Halis Bettemir Civil Engineering Department, İnönü University, Turkey

Onur B. Tokdemir Civil Engineering Department Middle East Technical University, Turkey

Service Management and Logistics, Chalmers University of Technology,

Pernilla Gluch
Sweden

Pınar Irlayıcı Çakmak Architecture Department, Istanbul Technical University, Turkey

Rıfat Akbıyıklı Civil Engineering Department, Düzce University, Turkey

Rıfat Sönmez Civil Engineering Department, Middle East Technical University, Turkey

Rüveyda Kömürlü Department of Architecture, Kocaeli University, Turkey

College of Architecture, Design and Construction, Auburn University,

Salman Azhar
United States

Selin Gündeş Department of Architecture, Mimar Sinan Fine Arts University, Turkey

Department of Civil and Urban Engineering, NYU Tandon School of

Semiha Ergan
Engineering, United States

Semra Çomu Civil Engineering Department, Boğaziçi University, Turkey

Serdar Ulubeyli Civil Engineering Department, Bülent Ecevit University, Turkey

Serkan Kıvrak Civil Engineering Department, Anadolu University, Turkey

Sevinç Kurt Department of Architecture, Cyprus International University, Cyprus

Department of Architectural Engineering and Technology, TU Delft,

Sevil Sarıyıldız
Netherlands

School of Planning, Design and Construction, Michigan State University,

Sinem Mollaoğlu
United States

XI
 College of Architecture, Construction and Planning, University of Texas
Suat Günhan
San Antonio, United States

Faculty of Architecture, Department of Real Estate and Construction,

S.W. Poon
University of Hong-Kong, China

Department of Construction Management, East Carolina University, United

Syed M. Ahmed
States

School of Architecture, Building and Civil Engineering, Loughborough

Tarek Hassan
University, United Kingdom

Tayfun Dede Civil Engineering Department, Karadeniz Technical University, Turkey

Thammasak
Rujirayanyong College of Engineering Rangsit University, Thailand

Tolga Çelik Civil Engineering Department, Eastern Mediterranean University, Cyprus

Department of Construction and Surveying, Glasgow Caledonian

Tony Kilpatrick
University, United Kingdom

Tuğçe Kazanasmaz Department of Architecture, İzmir Institute of Technology, Turkey

Tülay Çivici Faculty of Architecture, Balıkesir University, Turkey

Türkan Göksal Özbalta Civil Engineering Department, Ege University, Turkey

Vedat Toğan Civil Engineering Department, Karadeniz Technical University, Turkey

Volkan Arslan Civil Engineering Department, Bülent Ecevit University, Turkey

Yeliz Tülübaş Gökuç Department of Architecture, Balıkesir University, Turkey

Department of Decision Sciences, George Washington University, United

Young Hoon Kwak
States

Yusuf Arayıcı Civil Engineering Department, Hasan Kalyoncu University, Turkey

Zeynep Işık Civil Engineering Department, Yıldız Technical University, Turkey

Z. Sevgi Doğan Department of Architecture, İzmir Institute of Technology, Turkey

XII
5th International Project and Construction Management Conference (IPCMC 2018)
Cyprus International University, Faculty of Engineering, Civil Engineering Department, North Cyprus

Claims and Adjudication under 2017 Edition FIDIC Contracts

P. Alpkokin and S. Akti

Istanbul Technical University, Civil Engineering Faculty, Turkey
alpkokinp@itu.edu.tr, sercanakti@gmail.com

Abstract
Contractual provisions that set out claim processes and procedures is an essential component
of successful claim management. The 1999 version FIDIC Contracts specify entitlement (or
loss of entitlement), rights, obligations by the Parties, time scales for notices and submissions
under Clause 20. The 1999 FIDIC Contracts have introduced full-term or ad-hoc Dispute
Adjudication Boards as pre-arbitral dispute resolution.

FIDIC has recently published the 2017 version Contracts with significant changes to the 1999
version Red, Yellow and Silver Books. These changes include important updates to the claim
and dispute resolution relevant clauses.

Therefore, this paper, soon after publication of the 2017 edition, aims to examine Claims and
Dispute Board processes, procedures, under the newly published FIDIC Books in comparison
to the 1999 FIDIC Books. The differences in the contents of the Extension of Time and the
Determinations (by the Engineer) clauses shall also be examined. Based on this comparative
analysis, advantages, important aspects of Claim management and Dispute Board usage which
require closer attention will be highlighted.

Keywords: claim management, dispute boards, contract administration, 2017 edition FIDIC.

Introduction
FIDIC (International Federation of Consulting Engineers) standard form of contracts is one of
the most widely used and foremost with wide influence. The 1999 Suite (called as ‘Rainbow
Suite’) has been extensively revised, amongst other things, to strengthen the ‘user-friendliness’
and to focus more on defining the responsibilities and obligations rather than the work scopes.
They are now frequently used for contracts in various countries (Knutson, 2005). Subsequent
to publication of the 1999 edition Contracts, many international construction practitioners and
academicians have produced numerous books, academic papers, conferences, training
workshops and have developed huge literature on the 1999 Rainbow Suites.

FIDIC formed a working group in early 2016 and on December 2017, after 18 years, has
published three updated Contracts with significant changes to the 1999 version Books. Among
the four 1999 Rainbow Suite, the updated three standard forms are those mostly known as Red
Book, Yellow Book and Silver Book. At this early stage, there is very limited review work as

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to the major changes introduced by the 2017 edition Contracts or as to their comparison with
the 1999 Suite Contracts. Expectedly, there is much global interest and various conferences and
training workshops are being held all over the world.

In these regards, this paper aims at producing a preliminary review of the FIDIC-new series
with specific emphasis to the major changes or updates, and a preliminary interpretation of
these revisions. The focus here is deliberately narrowed down to the claims and dispute
resolution methods and procedures. In the absence of any in-depth literature or practices with
regards the 2017 version FIDIC, the sensible approach to reviewing and comparing the new
series is by way of searching through the internet sources. Having gone through many web
sources, the internet resources to this paper are carefully selected from the international and
official legal and technical consultants’ web sites. 1

The authors consider the work here is a timely and useful attempt to review the FIDIC-new
series and create a platform for discussions with the contributors of the 5th International Project
and Construction Management Conference. The paper is organized as follows: Section 2 briefly
gives the selected major updates in general and Section 3 addresses the procedural changes with
regards to claims and dispute resolution. Finally, Section 4 extracts important and initial
interpretations by the international experts and section 5 provides conclusive remarks by the
authors.

Selected Major Updates

The major updates and important philosophy to the updates under the 2017 version FIDIC are
selected to serve as the purpose of this paper listed under Table 1. Obviously, many Clauses
have been re-written and the new Terms of Contracts are very prescriptive in comparison to the
previous Contracts. On initial examination, perhaps what most attracts attention is the Contract
being much longer (approximately 40% longer). There are many new definitions listed
alphabetically, and more detailed step-by-step processes and procedures. For example, unlike
the 1999 editions, the Engineer’s Determination is now almost two pages rather than two
paragraphs. Most importantly, more Notice requirements with time bar consequences are
introduced.

The ‘Change in Legislation’ clause has been expanded to contain permits in such a way that
this clause applies to changes in permits to be obtained by both the Employer and the
Contractor. Each Party is obliged to aid the other Party in obtaining permits and a failure to do
so by a Party shall mean entitlement to compensation to the other Party. The Extension of Time
(EoT) clause has been expanded to emphasize more relief of delays caused by the Third Parties

1
http://constructionblog.practicallaw.com/second-editions-of-the-fidic-rainbow-suite/)
http://corbett.co.uk/
https://www.clydeco.com/uploads/Blogs/employment/FIDIC_guide_final_050218.pdf
http://fidic.org/
https://www.whitecase.com/publications/alert/new-fidic-rainbow-red-yellow-and-silver
https://www.klconstructionlawblog.com/2017/01/new-fidic-yellow-book-2017-major-changes/
https://www.youtube.com/watch?v=W1QbAPXGa5o
https://www.youtube.com/watch?v=W5P8Dos_VdA
http://www.shlegal.com/news-insights/new-fidic-rainbow-suite-2017
https://en.kromannreumert.com/Insights/2017/New-FIDIC-contracts-new
https://www.fenwickelliott.com/research-insight/newsletters/international-quarterly/changes-fidic-form-contract

895
such as: delays arising out of changed access routes by a Third Party, or delays arising out of
private utility companies. Apparently, both of these revisions are arising out of a purpose or
intention to include more Third-Party relevant provisions.

Table 1. Major updates of the 2017 version FIDIC Books in comparison to the 1999 Books

1999 version FIDIC Contracts 2017 version FIDIC Contracts

Around 30,000 words, Yellow Book: 63 p.
Force Majeure
Dispute Adjudication Board ‘DAB’
No specific deal with ‘Concurrent Delays’
No reference to BIM
Engineer’s Determination
Engineer’s Determination (2 par.)
Reasonable profit
50,000 words or more, Yellow Book, 119 p.
Exceptional Events
Dispute Avoidance/Adjudication Board ‘DAAB’
‘Concurrent Delays’ by means of Special Provisions
Reference to BIM
Engineer’s Agreement or Determination
Expanded Engineer’s ‘Determination’ procedure (2 p.)
Cost plus profit 5%
More role for the ‘Engineer’ and the “ER”
More notice and time bar provisions
More ‘Deemed’ provisions
More prescriptive
Tighter Interim Payment procedure
Revised & More detailed ‘Variations’ procedure
Increased programme requirements obligations
Expanded EoT & Treatment of EoT
Permits are added to the Changes in Legislation
‘Advance Warning’ Clause added

The programme requirements have been significantly increased with numerous additional items
required to be shown on each programme, and the programming software is specified. A
provision on Concurrent Delays (i.e. delays attributable to both the Employer and the
Contractor occur at the same time) is introduced. Now, there is better description of Variation
procedures by clearly distinguishing between the “Variations by Instructions” and “Variations
by Request for Proposal”. A greater degree of clarity has been added to the Variation procedure.
“Force Majeure” has been re-named as “Exceptional Event”. Cost plus the applicable
percentage for profit stated in the Contract Data (if not stated, five percent (5%)) which shows
that FIDIC considers it as a fair amount of profit. The Interim Payment Application procedure
has been re-written to add more details to the procedure. Advisory notes for The Building
Information Modelling ‘BIM’ are also contained.

The Engineer is a key person in the FIDIC Yellow Book and Red Book. The Engineer plays an
even more important role with more tasks and powers and greater clarity has been placed on
the Engineer’s role. The Engineer is required to be ‘neutral’. Under Silver Book wherein there
is no ‘the Engineer’, but there is the ‘Employer’s Representative’ (ER), the role and importance
of ER has been increased which makes it even more important for the selection of the ER as a
skilled professional. ‘Dispute Avoidance/Adjudication Board’ (DAAB) replaces ‘Dispute
Adjudication Board’ (DAB). FIDIC intends more collaboration and early actions for the
resolution of issues or conflicts before they adversely develop into complicated Claims and big
Disputes. For this, an ‘Advance Warning’ Clause has been introduced requiring the Parties
advise each other (and the Engineer) of potential matters in conflict and initiate collaboration
as early as practicable.

896
The ‘Engineer’s Determination’ is changed and headed as the ‘Engineer’s Agreement or
Determination’. Perhaps, the lack of timelines and prescriptive procedure for the Engineer to
issue a Determination (under the 1999 Red and Yellow Books) has been a very commonly
raised issue by many practitioners. This has changed with the new FIDIC such that the
Determination procedure has been significantly revised to attain more prescription with more
timeframes and pro-active process by the Engineer.

If no agreement is reached by the Parties on a Claim or any other matter in conflict within 42
days and the Engineer fails to issue a ‘Fair Determination’ within the subsequent 42 days, the
Engineer is then deemed to have rejected the Claim and it is deemed to be a Dispute which
either Party can then refer the Dispute to the DAAB. Here, the Engineer’s role is effectively
assisting the Parties to reach an agreement within the specified first 42 days before he is required
to make a ‘Fair Determination’ within the second 42 days.

In the event that the Engineer issues a ‘Fair Determination’ which partly or fully rejects a Claim,
the dissatisfied Party is now required to issue a Notice of Dissatisfaction with the Engineer’s
Determination. If no Notice of Dissatisfaction is given within 28 days after receiving the
Engineer’s Determination, then the Determination becomes final and binding.

Not only the Engineer’s Determination provisions, but other new provisions are added to set
out Notices as ‘condition precedent’ and to stipulate timescales with time bar and loss of
entitlement consequences. The so-called ‘Deemed Clause’ (simply, ‘in case not …. it will be
deemed that….’) has been extensively increased under many other Clauses. The next section
defines the procedures and particularly underlines the time bar and Deemed Clauses with
regards to the claims and dispute resolution procedures with the new FIDIC series.

Comparison of Claim and Dispute Resolution Procedures

Claims is defined as “demand for something that is due”, “right, title to thing, a right to make a
demand on a person” by Oxford English Dictionary. In the construction context, the demand is
additional to what was previously agreed in terms of time and Money (Murdoch and Hughes
2000). Claims are indispensable and modern contracts contain terms to allocate risks and
responsibilities and lay down strict claims’ procedures (Thomas and Wright 2011). FIDIC 1999
version contracts is a typical example of this.

The new FIDIC contains the definition for ‘Claim’. Clause 20 ‘Claims, Disputes and
Arbitration’ under the 1999 Edition is now split into Clause 20 ‘Employer’s and Contractor’s
Claims’ and Clause 21 ‘Disputes and Arbitration’. The new Claims Clause now also includes
the Employer’s Claims. The Employer and Contractor are now both subject to the same time
bars for notifying and making a claim where the Employer has no such obligation under the
1999 FIDIC Books.

The new Sub-Clause for claims procedure is one of the longest Clauses. The requirement to
give notice within 28 days after the Contractor became aware or should have become aware of
the event or circumstance exists and unlike the 1999 editions also applies to the Employer’s
Claims. So, the Employer is bound by 28-day Claim Notification. Additionally, and more
importantly, under this Clause the time bar does not only apply to the ‘Claim Notice’ but also
applies to the ‘Fully Detailed Claim’ or namely the particulars of the basis of Claim submission.
The period for submitting a Fully Detailed Claim has been extended from 42 days to 84 days.

897
Hence, with the new FIDIC series, both the Contractor and the Employer are strictly required
to submit their claims particulars within 84 days unless otherwise agreed by the Parties.
Notably, contemporary record-keeping, management of time and costs changes on a monthly
basis and a very professional claims management is far important now. Time bars imposed on
the Fully Detailed Claim submissions are expected to resolve the Claims as soon as possible
before they go into a massive and complicated Claims and Disputes.

This Clause requires the Engineer within 14 days following the receipt of Claim Notification
to give a preliminary response if he considers the Notice is time barred. The Engineer must give
Notice to the Claiming Party within 14 days after (a) receiving the Party’s Notice or (b) after
the stated 84 days for the Fully Detailed Claim. If the Engineer fails to give either Notice, the
Party’s Notice of Claim shall be deemed valid.

Notwithstanding the Engineer’s Notice for invalidity of the Claim Notice or the Fully Detailed
Claim, the claiming Party has still the opportunity to object to the invalidity and to forward and
argue the reasons as to the delayed submissions. The Claiming Party may apply to the DAAB
if the Engineer has issued a Notice to the effect that the Claim is time barred and the Claiming
Party believes there are circumstances which justify the late submission of its preliminary or
Fully Detailed Claim. A failure to submit this to the DAAB within 14 days of the Engineer’s
Notice deems the Engineer’s Notice to be final and conclusive. With regards to the new claim
procedures, the Party may object to the invalidity of the claim by asserting its reasons, however
the correct strategy would be to consider the time limits are firm and strict and not rely on
opportunities provided to justify a late claim.

Basically, two groups of Claims are defined. The first group is the main Claims and include
increase/decrease in the Contract Price, Extension of Time and Extension of Defect Notification
Period. For this group of Claims, Claim Notice, Fully Detailed Claim Submission and
Determination by the Engineer is the procedure with defined timelines and otherwise loss of
entitlement consequences. The second group is other Claims not subject to the strict procedure
to that of the first group and could arise from any disagreement or conflict between the Parties.

Variants of Dispute Board have internationally and long served for the purposes of alternative
dispute resolution (Owen and Totterdill 2008, Chern 2011). The 1999 Rainbow Suites provided
the standing DAB or ad hoc DAB (appointed if and when a particular Dispute arises and expires
when the decision is issued) consisting of one or three members. The new Sub-Clause for
DAAB includes a requirement for a standing Dispute Board, appointed at the start of the
Contract, and visits the Site on a regular basis and remains in place for the duration of the
Contract to assist the Parties in the Avoidance of Disputes and in the 'real-time' resolution of
Disputes, if and when they arise.
For the new Sub Clause to strengthen the Dispute Avoidance role of the boards and encourage
pro-active and collaborative contract management, the Parties may if they so agree jointly
request (in writing, with a copy to the Engineer) the DAAB to aid and/or informally discuss
and attempt to resolve any issue or disagreement that may have arisen between them during the
performance of the Contract.

This enhances the DAAB’s role in avoiding Disputes. The DAAB may now provide ‘informal
assistance’, under new ‘Avoidance of Disputes’ provisions if the Parties so agree.

898
The new series firmly set out the procedure and requirements to promptly respond to the
Engineer’s Determinations if they disagree with the Engineer’s Determination and refer to the
DAAB.

A 42-day time-bar for reference of Disputes to the DAAB following the issue of a Notice of
Dissatisfaction to an Engineer’s Determination is important as otherwise the Party who fails to
do so and the Notice of Dissatisfaction lapses and then the Engineer’s Determination becomes
final and binding (which is new).

A 28-day time bar to issue a Notice of Dissatisfaction following a Decision by the DAAB,
otherwise the DAAB’s decision to become final and binding (which is same as to the 1999
version FIDIC Books) also remains unchanged.

Preliminary Expert Views

Having conducted an extensive search through various internet resources, the authors have
picked up the below important and preliminary interpretations by international experts or
practitioners.

• Notice must describe itself as a Notice and refer to the relevant Clause. This
appears to be intended to add greater clarity and avoid Parties relying upon ‘informal’
Notices, such as references in letters or minutes of meetings, to avoid the effect of the
time bar provisions.
• Timing is very much of the essence in any construction contract. So, we have
basically incorporated more time provisions. Rather than there being sanctions so these
time provisions we have what we call deeming provisions.
• There are some really quite big changes people will have to get used to.
Particularly, in claims administration and the dispute resolution provisions.
• The construction industry by its very nature is conservative. I am sure the project
participants will continue to use old forms. Change will therefore take time.
• There are many benefits to the changes made in this new FIDIC Contracts but
will remain to be seen whether Parties are prepared to commit the necessary resources
to administer these more prescriptive contracts and whether indeed the more
prescriptive and thus complex claim resolution provisions.
• As FIDIC had previously made clear, they have split Clause 20 in two. The
reason for this is to help make clear that making a Claim is not the same as a Dispute.
• The DAB has power to override the time bars where, in all the circumstances, it
is “fair and reasonable” to do so.
• A new 'advance warning' clause provides that the Parties must advise each other
and the Engineer (and vice versa) in advance of any known or probable future event or
circumstance which may adversely affect the work. This suggests that FIDIC has been
influenced by the approach taken in the NEC (New Engineering Contract) suite of
contracts.
• The concurrent delay provision is relevant, but is nonetheless close to empty, as
it only refers to what has been agreed in the Particular Conditions, and if nothing has
been agreed there, all relevant circumstances must be taken into consideration. The
provision does, however, serve as a reminder for the parties to regulate the matter,
which is often neglected.

899
 Conclusions
The main purpose by FIDIC in the background of 2017 updates has been to consider and
incorporate the issues raised by users over the past 18 years with regards to the 1999 Rainbow
Suite. The intention to increase transparency, clarity and certainty is also noted by FIDIC. For
this, Parties’ duties and responsibilities are set out more prescriptively. With the new FIDIC,
the role of the Engineer is reinforced (closer to the NEC contracts) and undoubtedly this needs
to be well understood by the Parties for better functioning of enhanced role of the Engineer.

FIDIC aims at more effective and pro-active contract management and increase collaboration
between the Parties are encouraged. For example, advance early warning requirements to
increase collaboration between the Parties outstands. Whilst an important update, how it will
be reflected to practices is to be observed in future. The initial market reaction to the new FIDIC
Contracts that it is a positive attempt to reflect the market trend towards more collaborative and
pro-active contract management.

There are now various situations where the Parties have to issue timely Notices. There is even
stronger emphasis on Notices and time bar provisions. To date there have been many examples
of contractors failing to deal with 28-day Claim Notification, and the contractors must now be
well aware of and must be prepared to deal with more of such provisions and potential
consequences.

There is an increased focus on Dispute Avoidance and claims settlement rather than reference
of Claims and Disputes to Dispute Boards’ decisions. The earlier Turkish experience has
demonstrated that the DABs act more to issue decisions and their role for the Avoidance of
Disputes is limited (Alpkokin 2017). Globally, there are also critics that the Parties tend to take
less risk by leaving decisions to DABs even for those they could take initiatives. It is left to see
how the Parties are ready to take positive advantage of the boards’ Dispute Avoidance function
defined under FIDIC-new series.

References
Alpkokin, P. (2017). Dispute adjudication board practices in Turkish construction industry.
Karaelmas Science and Engineering Journal, 7(2), 674-683. (In Turkish).

Chern, C. (2011). Chern on Dispute Boards: Practice and Procedure. 2nd Edition, Wiley and
Blackwell, UK.

Knutson, R. (2005). FIDIC: An Analysis of International Construction Contracts. Kluwer Law

and International Bar Association, the Netherlands.

Murdoch, J., & Hughes, W. (2000). Construction Contracts. Law and Management. 3rd Edition,
Spon Press.

Owen, G., & Totterdill, G. (2008). Dispute Boards: Procedures and Practices. Thomas Telford,
UK.

Thomas, R., & Wright, M. (2011). Construction Contract Claims. 3rd Edition, Palgrave
Macmillan, UK.

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