Construction Crib Sheets_FIDIC 2017_Dispute Resolution Process

Scenario: You have been appointed as the Contractor in terms of the FIDIC Conditions of Contract for Construction (Red Book), 2017 for the construction of a train station in the Northern Cape. ??

Question: What do you do if the Engineer rejects your claim for additional payment and an Extension of Time?

Answer: Have a look at our crib sheet to become familiar with the steps in the claim procedure and the dispute resolution process.?

NB!

Remember that FIDIC says that - ?

1. The parties must continue to perform their obligations under the contract after the dispute has been referred to the DAAB.
2. If either party is dissatisfied with the DAAB's decision, such party must give a notice of dissatisfaction (NOD) to the other party within 28 days of receiving the DAAB's decision, whereafter the Parties must:

• attempt to settle the dispute amicable; or
• agree that arbitration may commence on or after the 28th day on which the NOD was given.

3. Unless settled amicably, any dispute in respect of which the DAAB’s decision which has not become final and binding shall be finally settled by arbitration in terms of the International Chamber of Commerce rules (or other rules as may be agreed).