The old Dispute Adjudication Board (DAB) sat idle until a dispute arose. The 2017 DAAB is mandated to meet periodically and can even assist parties in avoiding disputes before they escalate. This changes how legal counsel prepares for project oversight.
A practical legal guide cuts through these changes. It doesn’t just reprint the clause; it tells you: “On day 29, you have lost your right to an extension of time. Here is the emergency affidavit you need to file.” fidic 2017 a practical legal guide pdf updated
The 1999 version allowed the Engineer to act as a quasi-judge. The 2017 version turns the Engineer into a case manager, sending real disputes to the Dispute Avoidance/Adjudication Board (DAAB) . The old Dispute Adjudication Board (DAB) sat idle
What has changed?
Practical Legal Strategy:
Run a search in the PDF for “Sub-Clause 3.7.” Use the guide’s annotated commentary to write a letter to the Engineer demanding a formal determination within the prescribed 42 days. Cite the guide’s analysis of the Engineer’s impartiality duty. This forces the Engineer to render a decision, which you can then challenge or accept. The 1999 version allowed the Engineer to act