Classification and analysis of notices under the 1999 FIDIC’s general conditions of construction contract -

Abstract

The rights, obligations, and responsibilities of the parties to a construction contract are described in the conditions of contract through both the general and particular conditions. These provisions need to be well comprehended and administered by contract administrators, working with each of the parties. Notice provisions are viewed as main contractual provisions, as these, in general, preserve the right of knowledge by either party about events arising during the construction phase and serve to highlight the following or consequent actions in response to such events. Notices, under certain clauses, are regulated by time bars for their issuance and failure to satisfy these regulated periods may lead to serious events, such as a waiver of right in the case of contractor’s claim notice. Contract administrators encounter various events that necessitate the issuance of notices, all in accordance with contract stipulations. However, due to lack of sufficient experience, contract administrators may end up dealing with notices in a negligent way, thereby exposing the contract to major risks. The objective of this research is to shed light as to the importance of the wide range of notices provisions, with the aim of promoting a more diligent approach towards satisfying notices requirements. For that purpose, the globally used 1999 standard contract conditions, issued by the International Federation of Consulting Engineers (FIDIC), are examined. The twenty clauses and their corresponding sub-clauses which prescribe the need for issuing notices are filtered out. A classification matrix, including general information deduced from each filtered sub-clause, is then constructed. The matrix construction is based on a number of selected descriptors that help distinguish among the various notices encountered. Detailed analysis of the information offered by the matrix is then carried out to reveal the underlying needs for such notice provisions. The research’s outcomes provide guidelines for practitioners regardin