Comparative tabulation of the FIDIC 1999 and FIDIC 2017

Chapter (8) - Commencement, Delays and Suspension provisions

8.1 Commencement of Works
Aspect FIDIC 1999 FIDIC 2017
The Engineer shall give a Notice
The Engineer shall give the
to the Contractor stating the
Notice Period for Contractor not less than 7
Commencement Date, not less
Commencement days' notice of the
than 14 days before the
Commencement Date.
Commencement Date.
Unless otherwise stated in the Same as 1999: Unless otherwise
Particular Conditions, the stated in the Particular
Timing of
Commencement Date shall be Conditions, the Commencement
Commencement
within 42 days after the Date shall be within 42 days after
Date
Contractor receives the Letter the Contractor receives the Letter
of Acceptance. of Acceptance.
The Contractor shall The Contractor shall commence
Contractor’s
commence execution as soon execution on, or as soon as is
Obligation to
as is reasonably practicable reasonably practicable after, the
Start Work
after the Commencement Date. Commencement Date.
Same obligation: The Contractor
Contractor’s The Contractor shall proceed
shall proceed with the Works
Obligation to with the Works with due
with due expedition and
Proceed expedition and without delay.
without delay.

Key Differences:
1. Notice Period Extended
o 1999 version: Minimum 7 days' notice before the Commencement Date.
o 2017 version: Minimum 14 days' notice before the Commencement Date.
2. Clarification in Notification Process
o 1999 version: The Engineer simply gives "notice" of the Commencement Date.
o 2017 version: The Engineer must give a formal Notice stating the
Commencement Date (aligning with the structured notification system in FIDIC
2017).
3. Explicit Reference to the Start Date
o 1999 version: The Contractor starts execution "as soon as is reasonably
practicable after" the Commencement Date.
o 2017 version: The Contractor starts execution "on, or as soon as is reasonably
practicable after," the Commencement Date (providing flexibility).

Conclusion:
The 2017 version introduces a more structured approach by:
• Doubling the minimum notice period (from 7 to 14 days).
• Requiring a formal Notice of the Commencement Date rather than a simple
notification.
• Clarifying the start date flexibility for the Contractor.

However, the fundamental obligations remain unchanged—the Contractor must start and
proceed with the Works promptly and efficiently.

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8.2 Time for Completion
Aspect FIDIC 1999 FIDIC 2017
The Contractor shall complete the Same obligation: The Contractor
Contractor’s whole of the Works, and each shall complete the whole of the
Obligation Section (if any), within the Time Works, and each Section (if any),
for Completion. within the Time for Completion.
Completion includes: (a) Completion includes: All work
Achieving the passing of the Tests required for the Works or
Scope of
on Completion. (b) Completing Section to be considered
Completion
all work required for Taking Over completed for Taking Over
under Sub-Clause 10.1. under Sub-Clause 10.1.
No – The reference to Tests on
Explicit
Yes – Specifically states that the Completion is omitted, implying
Reference to
Works must pass the Tests on that all required work (including
Tests on
Completion. tests) is covered under contract
Completion
requirements.

Key Differences:

1. Reference to Tests on Completion Removed in 2017

o 1999 version: Clearly states that the Contractor must pass the Tests on
Completion before the Works are considered complete.
o 2017 version: Omits explicit reference to Tests on Completion but still requires
the Contractor to complete all work necessary for Taking Over under Sub-Clause
10.1.
2. Slightly Simplified Language in 2017
o The 2017 version consolidates the requirement into a single phrase, avoiding
redundancy while maintaining the same contractual intent.

Conclusion:

• The fundamental obligation remains unchanged—the Contractor must complete the

Works within the Time for Completion and meet all requirements for Taking Over.
• The 2017 update removes explicit mention of Tests on Completion, possibly because
this is covered elsewhere in the contract.
• The 2017 version is slightly more concise but does not reduce the Contractor’s
responsibilities.

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 8.3 Programme
Aspect FIDIC 1999 FIDIC 2017
Initial Programme Within 28 days after receiving the Same as FIDIC 1999
Submission Deadline notice under Sub-Clause 8.1
(Commencement of Works).
Programme Updates A revised programme must be Same requirement, but explicitly
submitted when the previous includes remedial work instructed
programme is inconsistent with under Sub-Clause 7.5 (Defects and
actual progress or Contractor’s Rejection) and 7.6 (Remedial
obligations. Work).
Programme No specific requirement for format Requires one paper copy, one
Submission Format (paper/electronic). electronic copy, and additional
copies as stated in Contract Data.
Programming No mention of specific software. Must be prepared using
Software programming software stated in
the Specification or acceptable to
the Engineer.
Programme Content Includes: (a) work sequence and Expanded requirements, including:
Requirements timing, (b) subcontractor activities, (a) right of access and possession
(c) sequence and timing of dates, (b) review periods for
inspections/tests, (d) a supporting submissions, (c) critical path
report on methods, personnel, and analysis, (d) key material delivery
equipment. dates, (e) locally recognized
holidays, (f) impact of delays, (g)
remedial work sequences (for
revised programmes).
Engineer’s Review 21 days to review and notify - 21 days for the initial programme.
Period Contractor if the programme does - 14 days for a revised programme.
not comply with the Contract. - If no response is given, the
programme is deemed accepted
(Notice of No-objection).
Reliance on Employer’s Personnel may rely on Same as FIDIC 1999 but
Programme the programme for planning. emphasizes that the programme
does not relieve the Contractor of
obligations to give Notices under
the Contract.
Requirement for If the Engineer finds the programme Same requirement, but the
Revised Programme inconsistent with the Contract or Contractor must submit a revised
Submission actual progress, the Contractor must programme within 14 days after
submit a revised programme. receiving the Engineer’s notice.
Key Differences - No format or software - More detailed requirements
requirement. - No explicit critical (access dates, critical path, remedial
path or delay impact analysis. - work, etc.). - Programme deemed
Engineer has 21 days to review any accepted if the Engineer does not
programme. respond. - Revised programme must

3|Page
 Aspect FIDIC 1999 FIDIC 2017
be submitted within 14 days after
Engineer’s notice. - 14-day review
period for revised programmes
(instead of 21 days).

Conclusion:

• FIDIC 2017 provides a more structured approach, requiring electronic submissions,

programming software, and a more detailed programme.
• The critical path and delay impact analysis in FIDIC 2017 improves project control.
• The Engineer’s review period for revised programmes is reduced from 21 days to 14
days, streamlining the process.
• The deemed acceptance (if no response is given within the review period) helps prevent
delays due to Engineer inaction.

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 8.4 / 8.5 (Extension of Time for Completion)
Aspect FIDIC 1999 FIDIC 2017
Subject to Sub-Clause 20.1 Subject to Sub-Clause 20.2 [Claims
Entitlement to EOT
[Contractor’s Claims] for Payment and/or EOT]
(a) Variation (except no need to
(a) Variation, unless time comply with Sub-Clause 20.2) (b) A
adjustment was agreed under Sub- delay cause that grants EOT under
Clause 13.3 [Variation Procedure], another Sub-Clause (c)
or other substantial change in Exceptionally adverse climatic
quantity (b) A delay cause that grants conditions, based on Unforeseeable
Causes of Delay EOT under another Sub-Clause (c) climatic data provided by the
Justifying EOT Exceptionally adverse climatic Employer under Sub-Clause 2.5 or
conditions (d) Unforeseeable published in the Country (d)
shortages of personnel or Goods due Unforeseeable shortages of
to epidemic or governmental actions personnel or Goods due to epidemic
(e) Employer-related delays, or governmental actions (e)
impediments, or prevention Employer-related delays,
impediments, or prevention
Granted if a measured work item
EOT for Increased Granted if there is a substantial exceeds the Bill of Quantities (BoQ)
Quantities change in quantity of a work item or Schedule estimate by more than
10% and delays completion
The Engineer may review other
items with significantly lower
Engineer’s Review of No provision for reducing EOT due quantities (>10% reduction) and
Measured Quantities to favorable quantity reductions consider favorable effects on the
critical path, but cannot reduce Time
for Completion
The Engineer must review prior
Similar provision: Engineer reviews
Review of Previous determinations before granting
prior determinations and may
Determinations additional EOT and may increase
increase but not decrease the EOT
but not decrease the total EOT
If a delay due to the Employer
coincides with a Contractor-caused
No specific provision on concurrent
Concurrent Delays delay, EOT is assessed per the
delays
Special Provisions or relevant
circumstances

Key Differences:

• 2017 version includes more detailed provisions for:

o Handling quantity-based EOT claims.
o Reviewing favorable effects of reduced quantities on the schedule.
o Addressing concurrent delays.

1999 version is simpler and does not address concurrent delays explicitly.

5|Page
 8.5 / 8.6 (Delays Caused by Authorities)
Aspect FIDIC 1999 FIDIC 2017
Legally constituted public
Entities Causing Legally constituted public
authorities or private utility
Delay authorities
entities
Must have diligently followed the
Must have diligently followed the
Contractor’s procedures set by public
procedures set by public
Obligation authorities or private utility
authorities
entities
The delay or disruption must be The delay or disruption must be
Nature of Delay
Unforeseeable Unforeseeable
Considered a cause of delay under Considered a cause of delay under
Effect of Delay Sub-Clause 8.4, allowing for an Sub-Clause 8.5, allowing for an
Extension of Time (EOT) Extension of Time (EOT)

Key Differences:

• 2017 version includes delays caused by private utility entities, whereas the 1999
version only applies to public authorities.
• The general structure remains the same, with both versions requiring diligence from
the Contractor and that the delay must be Unforeseeable to qualify for an EOT.

6|Page
 8.6 / 8.7 (Delays and Acceleration Measures)
Aspect FIDIC 1999 FIDIC 2017
(a) Actual progress is too slow to
complete the Works or a Section
(a) Actual progress is too slow to
within the relevant Time for
meet the Time for Completion. (b)
Completion. (b) Progress has
Conditions Progress has fallen behind the
fallen behind the Programme (or
Triggering Action current programme. (c) Delay is
the initial Programme if it has not
not due to a cause listed in Sub-
yet been updated). (c) Delay is not
Clause 8.4.
due to a cause listed in Sub-
Clause 8.5.
The Engineer may instruct the The Engineer may instruct the
Contractor to submit a revised Contractor to submit a revised
Engineer’s Action
programme and supporting programme describing revised
report detailing revised methods. methods to expedite progress.
Unless the Engineer issues a
Unless instructed otherwise, the
Notice stating otherwise, the
Contractor must adopt the revised
Contractor must adopt the revised
Contractor’s methods, which may require: -
methods, which may require: -
Obligation Increased working hours- More
Increased working hours- More
personnel and/or goods At
personnel and/or goods At
Contractor’s risk and cost
Contractor’s risk and cost
If the revised methods cause
If the revised methods cause additional costs to the
additional costs to the Employer, the Employer shall be
Employer’s Cost
Employer, the Contractor must entitled to payment from the
Recovery
pay these costs, subject to Sub- Contractor, subject to Sub-Clause
Clause 2.5 [Employer’s Claims]. 20.2 [Claims For Payment
and/or EOT].
The Contractor is liable for delay
The Contractor is liable for Delay
Delay Damages damages, if applicable, under
Damages, if applicable.
Sub-Clause 8.7.
If the Engineer instructs
acceleration measures, Sub-
Acceleration No explicit mention of Clause 13.3.1 [Variation by
Measures acceleration measures. Instruction] shall apply to
compensate the Contractor for
acceleration costs.

Key Differences:

1. Reference to Extensions of Time (EOT):

o 1999: Refers to Sub-Clause 8.4 for Extension of Time.
o 2017: Refers to Sub-Clause 8.5, which is updated to include more delay events.
2. Clarification on Programme Updates:
o 1999: Refers to progress delays based on the "current programme."
o 2017: Specifies that delays are assessed based on the Programme or initial
Programme if not yet updated.
3. Employer’s Claim for Additional Costs:

7|Page
 o1999: Employer recovers additional costs under Sub-Clause 2.5 [Employer’s
Claims].
o 2017: Employer’s entitlement is handled under Sub-Clause 20.2 [Claims For
Payment and/or EOT], aligning with other claims-related provisions.
4. Introduction of Acceleration Measures:
o 2017: Explicitly allows acceleration measures instructed by the Engineer under
Sub-Clause 13.3.1 [Variation by Instruction], ensuring compensation for
acceleration costs.
o 1999: No provision for compensating acceleration measures.

Conclusion:

The 2017 version refines the acceleration process, introduces private utility delays, and
provides explicit provisions for acceleration under Engineer's instructions. It also aligns the
Employer’s cost recovery with Sub-Clause 20.2 instead of the general claims provision in 1999.

8|Page
 8.7/ 8.8 (Delay Damages)
Aspect FIDIC 1999 FIDIC 2017
Clause Reference 8.7 [Delay Damages] 8.8 [Delay Damages]
If the Contractor fails to comply If the Contractor fails to comply
Trigger for Delay
with Sub-Clause 8.2 [Time for with Sub-Clause 8.2 [Time for
Damages
Completion]. Completion].
The Employer shall be entitled to
The Employer can claim delay
Employer's payment of Delay Damages subject
damages subject to Sub-Clause 2.5
Entitlement to Sub-Clause 20.2 [Claims For
[Employer’s Claims].
Payment and/or EOT].
As stated in the Contract Data,
As stated in the Appendix to
charged per day from the Time for
Amount of Delay Tender, charged per day from the
Completion until the Date of
Damages Time for Completion until the
Completion of the Works or
Taking-Over Certificate date.
Section.
The total amount shall not exceed The total amount shall not exceed
the maximum amount of delay the maximum amount of delay
Maximum Liability
damages (if any) stated in the damages (if any) stated in the
Appendix to Tender. Contract Data.
Delay Damages are the only
Delay damages are the only
damages payable for failure to
damages payable for such default,
Exclusivity of Delay meet Sub-Clause 8.2, except in
except in case of termination under
Damages case of termination under Sub-
Sub-Clause 15.2 [Termination by
Clause 15.2 [Termination for
Employer].
Contractor’s Default].
The Contractor remains obligated The Contractor remains obligated
Obligation to Complete
to complete the Works despite to complete the Works despite
the Works
paying Delay Damages. paying Delay Damages.
Explicitly states that this Sub-
Clause does not limit the
Additional Liability for No specific mention of liability Contractor’s liability in cases of
Misconduct beyond delay damages. fraud, gross negligence,
deliberate default, or reckless
misconduct.

Key Differences:

1. Reference to Claims Mechanism:

o 1999: Employer’s entitlement is subject to Sub-Clause 2.5 [Employer’s
Claims].
o 2017: Employer’s entitlement is subject to Sub-Clause 20.2 [Claims For
Payment and/or EOT], aligning with the new claims procedures introduced in
2017.
2. Clarification on Period for Delay Damages:
o 1999: Delay Damages apply from Time for Completion to the date on the
Taking-Over Certificate.
o 2017: Delay Damages apply from Time for Completion to the actual Date of
Completion of the Works or Section, which provides greater clarity.
3. Explicit Mention of Additional Liability in 2017:
9|Page
 o 1999: Silent on additional liability beyond delay damages.
o 2017: Expressly states that Delay Damages do not limit the Contractor’s
liability in cases of fraud, gross negligence, deliberate default, or reckless
misconduct, closing a potential loophole.

Conclusion:

The 2017 version refines the claims process, clarifies when Delay Damages apply, and
explicitly introduces liability for serious misconduct, making it a more robust and clearer
provision compared to the 1999 version.

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8.8 Suspension of Work / 8.9 Employer’s Suspension
Aspect FIDIC 1999 FIDIC 2017
The Engineer may instruct The Engineer may instruct
Authority to Suspend
suspension. suspension.
Scope of Suspension Part or all of the Works. Part or all of the Works.
Contractor’s Protect, store, and secure the Protect, store, and secure the
Responsibilities Works against deterioration, Works against deterioration,
During Suspension loss, or damage. loss, or damage.
Requirement to The Engineer must state the
The Engineer may notify the
Notify Cause of date and cause of the
cause of suspension.
Suspension suspension.
Effect of If the suspension is caused by If the suspension is caused by
Contractor’s the Contractor, Sub-Clauses the Contractor, Sub-Clauses
Responsibility for 8.9, 8.10, and 8.11 do not 8.10, 8.11, and 8.12 do not
Suspension apply. apply.
If the suspension is due to the If the suspension is due to the
Consequences of Contractor’s responsibility, Contractor’s responsibility,
Suspension certain rights (under 8.9, 8.10, certain rights (under 8.10, 8.11,
and 8.11) are not applicable. and 8.12) are not applicable.

Key Differences:

1. Mandatory Cause Notification in 2017:

o 1999: The Engineer may notify the cause of suspension.
o 2017: The Engineer must state the date and cause of suspension.
2. Updated Cross-References to Other Sub-Clauses:
o 1999: Suspension affects Sub-Clauses 8.9, 8.10, and 8.11.
o 2017: Suspension affects Sub-Clauses 8.10, 8.11, and 8.12, introducing
Prolonged Suspension (8.12), which was not explicitly mentioned in 1999.

Conclusion:

The 2017 version provides greater clarity and structure by requiring the Engineer to specify
the cause of suspension and by introducing Prolonged Suspension (8.12). These refinements
ensure better contractual control and transparency.

11 | P a g e
8.9 Consequences of Suspension / 8.10 Consequences of Employer’s
Suspension
Aspect FIDIC 1999 FIDIC 2017
8.10 Consequences of
Clause Reference
Employer’s Suspension
Delay and/or Cost incurred due to
Delay and/or Cost incurred
complying with Engineer’s
due to complying with
Reason for instructions under Sub-Clause 8.9
Engineer’s instructions under
Compensation [Employer’s Suspension] or
Sub-Clause 8.8 [Suspension
resuming work under Sub-Clause
of Work] or resuming work.
8.13 [Resumption of Work].
The Contractor shall be
entitled, subject to Sub-
Clause 20.1 [Contractor's The Contractor shall be entitled,
Claims], to: (a) EOT if subject to Sub-Clause 20.2
Entitlement to completion is delayed (under [Claims For Payment and/or
Compensation Sub-Clause 8.4 [Extension EOT], to: (a) EOT if completion
of Time for Completion]); is delayed; and (b) Payment of
and (b) Payment of incurred Cost plus Profit.
incurred Cost, added to the
Contract Price.
No explicit reference to Sub-
The Engineer shall proceed
Clause 3.7 [Agreement or
in accordance with Sub-
Engineer’s Role in Determination], but the
Clause 3.5 [Determinations]
Determination entitlement is subject to Sub-
to agree or determine these
Clause 20.2 [Claims For
claims.
Payment and/or EOT].
The Contractor is not entitled to
The Contractor is not
EOT or Cost for making good: (a)
entitled to EOT or Cost for
Faulty or defective design (if
Exclusions making good: - Faulty
any), workmanship, Plant, or
(Contractor Not design, workmanship, or
Materials; or (b) Deterioration,
Entitled to materials; or - Failure to
loss, or damage due to failure to
Compensation) protect, store, or secure as
protect, store, or secure under
required under Sub-Clause
Sub-Clause 8.9 [Employer’s
8.8 [Suspension of Work].
Suspension].

Key Differences:

1. Reference to Employer’s Suspension in 2017

o 1999: Refers to Suspension of Work under Sub-Clause 8.8.
o 2017: Explicitly refers to Employer’s Suspension under Sub-Clause 8.9 and
resumption under Sub-Clause 8.13.
2. Additional Profit in 2017 Version
o 1999: Contractor is entitled to Cost only.
o 2017: Contractor is entitled to Cost plus Profit, improving the Contractor’s
position.
3. More Explicit Exclusions in 2017

12 | P a g e
 o 1999: Excludes faulty design, workmanship, or materials and failure to
protect, store, or secure.
o 2017: Clarifies exclusions by explicitly mentioning faulty or defective Plant and
deterioration, loss, or damage due to failure to secure the Works.

Conclusion:

The 2017 version provides a stronger position for the Contractor by allowing Cost plus
Profit and clarifying responsibilities regarding suspension. It also introduces a more structured
approach by referring to Employer’s Suspension (8.9) and Resumption of Work (8.13).
However, the exclusion clauses remain similar, ensuring that the Contractor is responsible for
their own errors or negligence.

13 | P a g e
 8.10 Consequences of Employer’s Suspension / 8.11 Payment for Plant and
Materials after Employer’s Suspension
Aspect FIDIC 1999 FIDIC 2017
The Contractor is entitled to
Same entitlement, but with
Entitlement to payment for the value of Plant
additional conditions that must be
Payment and/or Materials not delivered to
met before payment is granted.
the Site under certain conditions.
Payment is due if: (a) Work on Plant
or delivery of Plant/Materials has
been suspended for more than 28
days, and:
(i) The Plant/Materials were
Payment is due if:
scheduled for completion and
(a) Work on Plant or delivery of
delivery in accordance with the
Plant/Materials has been suspended
Programme during the suspension
Conditions for for more than 28 days.
period.
Payment (b) The Contractor has marked the
(ii) The Contractor provides the
Plant/Materials as the Employer’s
Engineer with reasonable evidence
property in accordance with the
that the Plant/Materials comply with
Engineer’s instructions.
the Contract. (b) The Contractor
has marked the Plant/Materials as
the Employer’s property in
accordance with the Engineer’s
instructions.
Yes – The Plant/Materials must have
Reference to No reference to whether the
been scheduled for completion and
Programme Plant/Materials were scheduled for
delivery during the suspension
Schedule delivery in the Programme.
period.
Required – The Contractor must
Requirement Not required – No mention of the provide the Engineer with
for Compliance Contractor providing evidence of reasonable evidence that the
Evidence compliance with the Contract. Plant/Materials comply with the
Contract.
Explicit Link to
No direct reference to a specific Explicitly references Sub-Clause
Suspension
suspension clause. 8.9 [Employer’s Suspension].
Clause

Key Differences:

1. Stronger Link to Programme in 2017

o In FIDIC 2017, payment entitlement depends on whether the Plant/Materials
were scheduled for completion and delivery during the suspension period.
o FIDIC 1999 does not require checking the Programme.
2. New Requirement for Compliance Evidence in 2017
o In FIDIC 2017, the Contractor must provide reasonable evidence that the
Plant/Materials comply with the Contract before payment is approved.
o FIDIC 1999 does not have this requirement.
3. More Explicit Reference to Employer’s Suspension in 2017

14 | P a g e
 o FIDIC 2017 explicitly links this entitlement to Sub-Clause 8.9 [Employer’s
Suspension], ensuring a clearer connection.
o FIDIC 1999 lacks a direct reference to a specific suspension clause.

Conclusion:

• FIDIC 2017 introduces stricter conditions for the Contractor to claim payment.
• The Programme schedule and compliance evidence are now critical factors for
entitlement.
• FIDIC 1999 provides a simpler entitlement, while FIDIC 2017 increases
transparency and accountability.

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8.11 / 8.12 (Prolonged Suspension)
Aspect FIDIC 1999 FIDIC 2017
Reference to Refers to Sub-Clause 8.8 Refers to Sub-Clause 8.9
Suspension Clause [Suspension of Work]. [Employer’s Suspension].
Threshold for
Suspension must continue for Suspension must continue for
Prolonged
more than 84 days. more than 84 days.
Suspension
The Contractor requests the The Contractor gives a Notice to
Initial Action by
Engineer’s permission to the Engineer requesting
Contractor
proceed. permission to proceed.
The Engineer must give a Notice
Response Time for The Engineer must respond within under Sub-Clause 8.13
Engineer 28 days. [Resumption of Work] within 28
days.
The Contractor may: (a) Agree to
a further suspension, with the
Parties negotiating an EOT, Cost
Plus Profit, and/or payment for
The Contractor may: - Treat the
suspended Plant/Materials. (b) If
suspension as an omission under
no agreement is reached, treat the
Clause 13 [Variations and
suspension as an omission of the
Adjustments] for the affected part
affected part of the Works under
If No Response of the Works. - If the suspension
Sub-Clause 13.3.1 [Variation by
from Engineer affects the whole Works, the
Instruction], with immediate
Contractor may give a Notice of
effect (including release from any
termination under Sub-Clause
obligation to protect, store, and
16.2 [Termination by
secure). - If the suspension affects
Contractor].
the whole Works, the Contractor
may give a Notice of termination
under Sub-Clause 16.2
[Termination by Contractor].
Explicitly allows the Contractor
Option for and Employer to mutually agree
Further Not mentioned – No provision for on further suspension, with
Suspension agreeing to a further suspension. negotiations on EOT, Cost Plus
Agreement Profit, and payment for
suspended Plant/Materials.
If treating the suspension as an
omission, the Contractor is
Release from Not mentioned – The Contractor
released from the obligation to
Protection remains responsible for protecting
protect, store, and secure under
Obligations stored Plant and Materials.
Sub-Clause 8.9 [Employer’s
Suspension].

Key Differences:

1. FIDIC 2017 introduces an option for further suspension

16 | P a g e
 o Unlike FIDIC 1999, where the Contractor can only request permission to
proceed or terminate, FIDIC 2017 allows the Contractor and Employer to
agree to a further suspension, along with compensation negotiations.
2. More structured procedure in FIDIC 2017
o Engineer’s response is linked to Sub-Clause 8.13 [Resumption of Work],
providing a clear continuation or termination path.
o The Contractor must issue a second Notice before treating the suspension as an
omission.
3. Contractor is released from obligations in FIDIC 2017
o If the Contractor treats the suspension as an omission, FIDIC 2017 explicitly
releases them from obligations to protect, store, and secure Plant/Materials,
while FIDIC 1999 is silent on this matter.

Conclusion:

• FIDIC 2017 provides greater flexibility by allowing the Contractor and Employer to
agree on further suspension.
• The process is more structured with clearer references to relevant clauses.
• FIDIC 1999 offers a simpler process, but FIDIC 2017 gives the Contractor more
control over costs, obligations, and decision-making.

17 | P a g e
 8.12 / 8.13 Resumption of Work
Aspect FIDIC 1999 FIDIC 2017
Trigger for After permission or instruction is After receiving a Notice from the
Resumption given by the Engineer. Engineer.
The Contractor must resume work
Not explicitly stated – implied that as soon as practicable after
Timing of
the Contractor proceeds after receiving the Notice. If no time is
Resumption
permission. stated in the Notice, work must
resume immediately.
The Contractor and the Engineer
The Contractor and the Engineer shall jointly examine the Works
Joint Examination shall jointly examine the Works and Plant/Materials affected by the
Requirement and Plant/Materials affected by the suspension at the time stated in
suspension. the Notice (or immediately if no
time is stated).
The Engineer shall record any
Recording of Not explicitly stated – Contractor
deterioration, loss, damage, or
Deterioration, is responsible for making good any
defect and provide this record to the
Loss, or Defects deterioration, defect, or loss.
Contractor.
The Contractor must promptly
The Contractor must make good
Responsibility for make good all deterioration, loss,
any deterioration, defect, or loss
Restoration damage, or defects to ensure the
that occurred during the suspension.
Works comply with the Contract.
The Engineer must document and
Explicit Obligation No specific duty for the Engineer to provide a record of any issues
for Engineer document issues. before the Contractor makes
repairs.

Key Differences:

1. More structured resumption process in FIDIC 2017:

o Explicit requirement for a Notice from the Engineer, whereas FIDIC 1999
refers vaguely to "permission or instruction."
o Work must resume as soon as practicable or immediately if no time is
specified.
2. FIDIC 2017 introduces a clear record-keeping requirement:
o The Engineer must document deterioration, loss, or defects before the
Contractor begins repairs.
o This step was not explicitly required in FIDIC 1999, where the Contractor was
simply expected to make good any defects.
3. Contractor’s responsibility remains the same in both versions:
o The Contractor must restore any damaged or deteriorated Works and
Plant/Materials.
o FIDIC 2017 clarifies that this must be done "promptly" and ensures
compliance with the Contract.

Conclusion:

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• FIDIC 2017 improves clarity by formalizing the resumption process and adding record-
keeping obligations for the Engineer.
• FIDIC 1999 is simpler but lacks structured documentation, which could lead to disputes
over pre-existing defects.
• The Contractor’s obligation to repair remains unchanged, but FIDIC 2017 ensures a
more transparent and well-documented approach.

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