Amendments

to the FIDIC Conditions of

Contract
FOR BUILDING
AND ENGINEERING WORKS
DESIGNED BY THE EMPLOYER,
SECOND EDITION 2017
ISBN 978-2-88432-084-9
Amendments to the FIDIC Conditions of Contract for Construction for Building and
Engineering Works Designed by the Employer, Second Edition 2017
[ISBN 978-2-88432-084-9]

Following publication in 2017 of the Second Edition of the Conditions of Contract for Construction [ISBN
978-2-88432-084-9], a number of amendments were agreed by FIDIC. FIDIC published the first set of amendments as
an errata document in December 2018. This was followed by a second set of amendments of additional errata in the
form of a memorandum published in June 2019. Since then, FIDIC has identified further amendments to improve the
said publication. FIDIC is hereby publishing a third set of amendments in November 2022 effective as of 1 January 2023.

The above three set of amendments are provided below as three separate documents. In addition, several minor
typographical errors and layout irregularities that have also been corrected in the 2017 publication are not listed below.

Page numbers and lines given below are references to pages numbers and lines in the FIDIC Conditions of Contract
for Construction for Building and Engineering Works Designed by the Employer, Second Edition 2017, [ISBN
978-2-88432-084-9].

Amendments Issue No.1 – December 2018

ERRATA to the FIDIC Conditions of Contract for Construction, Second Edition 2017
[ISBN 978-2-88432-084-9]
The following significant errata are not included in the content of the Second Edition of the Conditions of Contract
for Construction. Several minor typographical errors and layout irregularities have also been found but are not
included in this list due to their insignificance with regard to the content.

GENERAL CONDITIONS
Page 1 Sub-Clause 1.1.10: On the third and fourth lines, delete “the Contractor’s Proposal,”.
Page 6 Sub-Clause 1.1.77: On the second line after “Payment Certificate under”, add “Sub-Clause
14.2.1 [ Advance Payment Guarantee ] (if applicable),”.
Page 7 Sub-Clause 1.1.81: On the first line, delete “the Contractor’s Proposal,”.
Page 28 Sub-Clause 4.6: On the second-last line of the first paragraph before “Contractor’s”, add “of
the”.
Page 29 Sub-Clause 4.7.3: In the second bullet-point of sub-paragraph (b)
- before “if the items of reference”, add “when examining the items of
reference within the period stated in sub-paragraph (a) of Sub-Clause
4.7.2,”;
- on the second and third lines, delete “and the Contractor’s Notice is
given after the period stated in sub-paragraph (a) of Sub-Clause 4.7.2”.
Page 37 Sub-Clause 4.22: On the third line of the second paragraph before “4.17”, add “Sub-Clause”.
Page 38 Sub-Clause 5.2.2: In sub-paragraph (a) on the first line before “Subcontractor”, add “nominated”.
Page 70 Sub-Clause 14.2.1: On the fifth and sixth lines of the first paragraph, replace “based on the
sample form included in the Tender documents” with “in the form annexed
to the Particular Conditions”.
Page 78 Sub-Clause 14.12: On the seventh line of the first paragraph, replace “Sub-Clause 21.6
[ Arbitration ]” with “Clause 21 [ Disputes and Arbitration ]”.
Page 87 Sub-Clause 17.1: On the fourth and fifth lines of the first paragraph, replace “Date of Completion
of the Works” with “issue of the Taking-Over Certificate for the Works”.
Page 88 Sub-Clause 17.3: On the first line of the second paragraph, replace “notice” with “a Notice”.
Page 94 Sub-Clause 19.2.1: On the last line of the second paragraph, delete “and Clause 12 [ Tests after
Completion ]”.

© FIDIC 2022
1
APPENDIX – GENERAL CONDITIONS OF DISPUTE AVOIDANCE/ADJUDICATION
AGREEMENT
Page 107 Title Replace “General Conditions of Dispute Avoidance/Adjudication Agreement”
with “General Conditions of DAAB Agreement”.
Page 107 Sub-Clause 1.2: On both the first and third lines, replace “DAA Agreement” with “DAAB
Agreement”.
Page 107 Sub-Clause 1.3: -
on the first line, replace “ “Dispute Avoidance/Adjudication Agreement”
or “DAA Agreement” means” ” with:
“ “DAAB Agreement” is as defined under the Contract and is”.
- on the first line of sub-paragraph (c), replace “DAA Agreement” with
“DAAB Agreement”.
- in sub-paragraph (c)(ii), replace “chairman” with “chairperson”.
Pages 107 Sub-Clause 1.7 Replace all instances of “DAA Agreement” with “DAAB Agreement”.
to 115 to Clause 12:

Page 115 Sub-Clause 11.1: On the second line, delete the text:
“, or in the case of a three-member DAAB the Other Members jointly,”.

ANNEX – DAAB PROCEDURAL RULES

Page 119 Rule 4.2: On the fourth line, replace “chairman” with “chairperson”.
Page 121 Rule 8.3: On the sixth line, replace “chairman” with “chairperson”.

GUIDANCE FOR THE PREPARATION OF PARTICULAR CONDITIONS

Page 8 INTRODUCTION Insert in the beginning of GP5: “Unless there is a conflict with the governing
law of the Contract,…” allowing GP5 to read:
“GP5: Unless there is a conflict with the governing law of the Contract, all
formal disputes must be referred to a Dispute Avoidance/Adjudication
Board (or a Dispute Adjudication Board, if applicable) for a provisionally
binding decision as a condition precedent to arbitration.”
Pages Guidance for Replace all instances of “Sample Forms” with “Forms”.
16 to 47 Sub-Clauses 1.6, 1.14,
4.2, 14.2, 14.9, 14.15
and 21.1

Page 35 Guidance for On the second line of the first paragraph, replace “Contractor’s
Sub-Clause 9.1 Proposal” with “Tender”.

Form of LETTER OF ACCEPTANCE

Page ii Footnote Replace “1.1.51” with “1.1.50”.

Form of DISPUTE AVOIDANCE/ADJUDICATION AGREEMENT

Pages iv and v Replace all instances of “DAA Agreement” with “DAAB Agreement”.
Page iv Recital C On the first line of sub-paragraph (b), replace “chairman” with “chairperson”.

© FIDIC 2022
2
Amendments Issue No.2 – June 2019
ERRATA to the FIDIC Conditions of Contract for Construction, Second Edition 2017
[ISBN 978-2-88432-084-9]

GENERAL CONDITIONS
Page 81 Sub-Clause 15.2.1:

The sentence “and such failure constitutes a material breach of the
Contractor’s obligations under the Contract” following sub-paragraph (a)
should be indented so as to be clear that it is part of sub-paragraph (a).

“(a) fails to comply with:

(i) a Notice to Correct;
(ii) a binding agreement, or final and binding determination, under
Sub-Clause 3.7 [ Agreement or Determination ]; or
(iii) a decision of the DAAB under 21.4 [ Obtaining DAAB’s Decision ]
(whether binding or final and binding)
and such failure constitutes a material breach of the Contractor’s obligations
under the Contract;

(b) abandons the Works or otherwise plainly demonstrates...”

Page 84 Sub-Clause 16.1:
The sentence “and such failure constitutes a material breach of the
Employer’s obligations under the Contract” following sub-paragraph (d)
should be indented so as to be clear that it is part of sub-paragraph (d).

“(d) the Employer fails to comply with:

(i) a binding agreement, or final and binding determination under
Sub-Clause 3.7 [ Agreement or Determination ]; or
(ii) a decision of the DAAB under 21.4 [ Obtaining DAAB’s Decision ]
(whether binding or final and binding)
and such failure constitutes a material breach of the Employer’s obligations
under the Contract,

the Contractor may, not less than 21 days after giving a Notice to the...”

Page 85 Sub-Clause 16.2:

The sentence “and such failure constitutes a material breach of the
Employer’s obligations under the Contract” following sub-paragraph (d)
should be indented so as to be clear that it is part of sub-paragraph (d).

“... Sub-Clause 14.7 [ Payment ];

(d) the Employer fails to comply with:
(i) a binding agreement, or final and binding determination under
Sub-Clause 3.7 [ Agreement or Determination ]; or
(ii) a decision of the DAAB under 21.4 [ Obtaining DAAB’s Decision ]
(whether binding or final and binding)
and such failure constitutes a material breach of the Employer’s obligations
under the Contract;

(e) the Employer substantially fails to perform, and such failure...”

© FIDIC 2022
3
Amendments Issue No.3 – November 2022
Amendments to the FIDIC Conditions of Contract for Construction for Building and
Engineering Works Designed by the Employer, Second Edition, 2017
[ISBN 978-2-88432-084-9]

The following amendments are made to the Conditions of Contract for Construction, Second Edition, 2017
effective as of 1 January 2023.

GENERAL CONDITIONS
Cover page: In the text under the main title, replace “Dispute Adjudication Avoidance
Agreement” with “DAAB Agreement”.
Title page 1: On the right-hand side, replace “Dispute Adjudication/Avoidance
Agreement” with “DAAB Agreement”.
Page 1 Sub-Clause 1.1.6: On the first line after “to the other Party”, add “(excluding a matter to
be agreed or determined under sub-paragraph (a) of Sub-Clause 3.7
[ Agreement or Determination ])”.
Page 1 Sub-Clause 1.1.9: On the second line replace “as amended by” with “and”.
Page 2 Sub-Clause 1.1.23: On the fifth/sixth line replace “Dispute Avoidance/Adjudication
Agreement” with “DAAB Agreement”.
Page 2 Sub-Clause 1.1.24: On the second line, after “the Engineer”, add “under Sub-Clause
10.1 [ Taking Over the Works and Sections ] or the first paragraph of
Sub-Clause 10.2 [ Taking Over Parts ]”.
On the fourth and fifth lines, replace “if Sub-Clause 10.2 [ Taking Over
Parts ]” with “if the second paragraph of Sub-Clause 10.2 [ Taking Over
Parts ]”.
Page 3 Sub-Clause 1.1.29: Replace the text of this definition with:
““Dispute” means any situation where:
“(a) one Party has made a Claim, or there has been a matter to be
agreed or determined under sub-paragraph (a) of Sub-Clause 3.7
[ Agreement or Determination ];
(b) the Engineer’s determination under Sub-Clause 3.7.2 [ Engineer’s
Determination ] was a rejection (in whole or in part) of:
(i) the Claim (or there was a deemed rejection under sub-paragraph
(i) of Sub-Clause 3.7.3 [ Time limits ]); or
(ii) a Party’s assertion(s) in respect of the matter
as the case may be; and
(c) either Party has given a NOD under Sub-Clause 3.7.5 [ Dissatisfaction
with Engineer’s determination ].”.
Page 4 Sub-Clause 1.1.37: On the first line add “exceptional” before “event or circumstance”.
Page 4 Sub-Clause 1.1.43: Replace the text of this definition with:
““General Conditions” means this document entitled “General
Conditions”, as published by FIDIC.”.
Page 5 Sub-Clause 1.1.58: Replace all text after “which is” on the second line with the following:
“taken over by the Employer under the first paragraph, or used by the
Employer and deemed to have been taken over under the second
paragraph, of Sub-Clause 10.2 [ Taking-Over Parts ].”.

© FIDIC 2022
4
 Page 8 Sub-Clause 1.3: On the fifth line of the first paragraph, before “discharge,”, add
“disagreement,”.
Page 9 Sub-Clause 1.5: On the second line of the first paragraph, after “If there is any conflict,
ambiguity or discrepancy” and before the comma, add: “in the
documents”.
On the first line of the last paragraph, replace “an ambiguity” with “a
conflict, ambiguity”.
On the second line of the last paragraph, replace “the ambiguity” with
“the conflict, ambiguity”.
On the third line of the last paragraph, replace “an ambiguity” with “a
conflict, ambiguity”.
Page 14 Sub-Clause 1.15: The sentence “The total liability of the Contractor to the Employer under
or in connection with the Contract, other than:” should not be indented
so as to be clear that it, and sub-paragraphs (i) to (iv), comprise a new
paragraph and are not part of sub-paragraph (g):
and
CONDITIONS

(g) Sub-Clause 17.5 [Indemnities by Employer].

GENERAL

The total liability of the Contractor to the Employer under or in

connection with the Contract, other than:
(i) under Sub-Clause 2.6 [Employer-Supplied Materials and
Employer’s Equipment];
(ii) under Sub-Clause 4.19 [Temporary Utilities];
GUIDANCE

(iii) under Sub-Clause 17.3 [Intellectual and Industrial Property

Rights]; and
(iv) under the first paragraph of Sub-Clause 17.4 [Indemnities by
Contractor],
shall not exceed the sum stated in the Contract Data or (if a sum is not so
stated) the Accepted Contract Amount.
FORMS

This Sub-Clause
In the shall notadd
same sentence, limit“under”
liability inafter
any case of than”
“other fraud, and
grossdelete
negligence,
“under”
deliberate default or reckless misconduct by the defaulting Party.
in sub-paragraphs (i) to (iv).
1.16
Page 16 Sub-Clause 3.1: In sub-paragraph (b) delete “shall be”.
Contract Termination Subject to any mandatory requirements under the governing law of the
Page 18 Sub-Clause 3.4: On the second-last
Contract, termination ofline
theofContract
the lastunder
paragraph, after “receiving
any Sub-Clause of thesethe
Contractor’s Notice,” add “by giving a Notice”.
Conditions shall require no action of whatsoever kind by either Party other
than as stated in the Sub-Clause.
Page 18 Sub-Clause 3.6: In the second line of the last paragraph replace “an entity” with “a legal

2
entity”.
Page 19 Sub-Clause 3.7: Replace the second paragraph with:
The Employer
“Whenever these Conditions provide that the Engineer shall proceed
2.1
under this Sub-Clause 3.7 to agree or determine either:
Right of Access to the Site The Employer shall give the Contractor right of access to, and possession
(a) allany
of, partsmatter, as within
of the Site provided for (or
the time in times)
Sub-Clauses 4.7.3,
stated in the 10.2,Data.
Contract 11.2,
12.1,and
The right 12.3, 13.3.1, may
possession 13.5,not14.4, 14.5, 14.6.3,
be exclusive to the 15.3, 15.6 If,
Contractor. and 18.5,
under
identifying
the Contract, theinEmployer
the same Sub-Clause
is required to givethe dateContractor)
(to the of commencement
possession of
of anythefoundation,
corresponding timeplant
structure, limit or
formeans
agreement under
of access, theSub-Clause 3.7.3
Employer shall
do so in the
[ Time time and
limits ]; or manner stated in the Specification. However, the
Employer may withhold any such right or possession until the Performance
(b) any Claim,
Security has been received.
the following procedure shall apply:”.
If no such time is stated in the Contract Data, the Employer shall give the
Page 20 Sub-Clause 3.7.3: On the first line of sub-paragraph (a) replace “(not a Claim)” with “under
Contractor right of access to, and possession of, those parts of the Site
sub-paragraph (a) of Sub-Clause 3.7 [ Agreement or Determination ]”.
within such times as may be required to enable the Contractor to proceed
in
Onaccordance with
the first line ofthe
theProgramme or, if there
last paragraph, is no
delete Programmeor”.
“agreement at that time,
the initial programme submitted under Sub-Clause 8.3 [Programme].

If the Contractor suffers delay and/or incurs Cost as a result of a failure by

the Employer to give any such right or possession within such time, the
Contractor shall be entitled subject to Sub-Clause 20.2 [Claims For Payment
© FIDIC 2022
and/or EOT] to EOT and/or payment of such Cost Plus Profit. 5
 On the first line of sub-paragraph (ii) of the last paragraph after “matter to
be agreed or determined” add “under sub-paragraph (a) of Sub-Clause
3.7 [ Agreement or Determination ]”.
Page 23 Sub-Clause 4.2.1: On the third line of the last paragraph, after “increase or decrease of the
Contract Price”, add “in one currency”.
On the third line of the last paragraph, after “Accepted Contract
Amount”, add “in that currency”.
Page 29 Sub-Clause 4.7.3: On the first and second lines of the last paragraph replace “If, under
sub-paragraph (b) above, an experienced contractor would not have
discovered the error:” with:
“If it is agreed or determined, under sub-paragraphs (a) and (b) above,
that there is an error in the items of reference that an experienced
contractor would not have discovered:”.
On the first line of sub-paragraph (ii), replace “if the Contractor” with
“if there are no such measures, and therefore no Variation, but the
Contractor”.
Page 38 Sub-Clause 5.1: On the second line of the second-last paragraph after “the Contractor
shall submit”, add “to the Engineer”.
On the fourth line of the second-last paragraph, delete “to the Engineer”.
Page 48 Sub-Clause 8.3: On the first line of the last paragraph, replace “the Programme” with
“any programme”.
Page 49 Sub-Clause 8.5: Replace the second-last paragraph with “When agreeing or
determining each EOT, the Engineer shall review previous agreements
and determinations of EOT under Sub-Clause 3.7 [ Agreement or
Determination ] and may increase, but shall not decrease, the total
EOT.”.
Page 53 Sub-Clause 9.4: On the first line of sub-paragraph (a), replace “order” with “instruct”.
Page 54 Sub-Clause 10.1: On the first line of the third paragraph, replace “Part of the Works is
taken over” with “Part is taken over or is deemed to have been taken
over”.
Page 55 Sub-Clause 10.2: On the first line of the third paragraph, replace “the Engineer has issued
a Taking-Over Certificate for a Part” with “a Part has been taken over or
is deemed to have been taken over”.
On the first and second lines of the fourth paragraph, replace “the
Employer taking over and/or using a Part” with “the taking over or
deemed taking over of a Part”.
In the last paragraph:
- replace the first sentence with the following: “For any period of
delay after the date that a Part has been taken over or is deemed
to have been taken over, the Delay Damages for completion of
the Works or the Section (as the case may be) in which this Part
is included shall be reduced.”;
- delete the second sentence: “Similarly, the Delay Damages for
the remainder of the Section (if any) in which this Part is included
shall also be reduced.”;
- replace the fourth sentence with the following: “The Engineer shall
proceed under Sub-Clause 3.7 [ Agreement or Determination ]
to agree or determine this reduction (and, for the purpose of
Sub-Clause 3.7.3 [ Time limits ], the date the Engineer issues
the Taking-Over Certificate under the first paragraph of, or

© FIDIC 2022
6
 receives the Contractor’s Notice under the second paragraph
of, this Sub-Clause (as the case may be) shall be the date of
commencement of the time limit for agreement under Sub-Clause
3.7.3).”.
Page 56 Sub-Clause 10.4: On the second line, replace “Part of the Works” with “Part”.
Page 57 Sub-Clause 11.3: On the fourth line of sub-paragraph (a), replace “matters” with “causes”.
Page 76 Sub-Clause 14.9: In sub-paragraph (b), delete “for”.
On the first line of the third paragraph, after “IPC”, add “, or the FPC (as
the case may be),”.
Page 79 Sub-Clause 14.13: Replace the last paragraph with “If the Contractor has not submitted a
discharge under Sub-Clause 14.12 [ Discharge ] but has either:
(i) submitted a Partially Agreed Final Statement under Sub-Clause
14.11.2 [ Agreed Final Statement ]; or
(ii) not done so but, to the extent that a draft final Statement submitted
by the Contractor is deemed by the Engineer to be a Partially Agreed
Final Statement,
the Engineer shall proceed in accordance with Sub-Clause 14.6 [ Issue
of IPC ] to issue an IPC.”.
Page 81 Sub-Clause 15.2.1: On the fourth line of sub-paragraph (c), replace “his failure” with “the
Contractor’s failure”.
Page 82 Sub-Clause 15.2.3: On the second line of sub-paragraph (a), replace “this Sub-Clause” with
“Sub-Clause 15.2.2 [ Termination ]”.
Page 87 Sub-Clause 17.1: On the fifth line of the first paragraph, after “the issue” add “(or deemed
issue)”.
Page 88 Sub-Clause 17.2: Replace the text of sub-paragraph (e) in its entirety with “any Exceptional
Event; and/or”.
In sub-paragraph (f), after “any act or default of” add “the Employer,”.
In the second-last paragraph:
- on the first line, replace “Subject to Sub-Clause 18.4
[ Consequences of an Exceptional Event ], if” with “If”.
- on the third line, replace “damage” with “loss and/or damage”.
- on the last line after “[ Variation by Instruction ]”, add: “and, in the
case of sub-paragraph (e) above, shall be without prejudice to
any other rights the Contractor may have under Sub-Clause 18.4
[ Consequences of an Exceptional Event ]”.
In the last paragraph:
- on the first line, replace “loss or damage” with “loss and/or
damage”.
- on the last line, replace “delays” with “delay”.
Page 90 Sub-Clause 18.1: On the first line before “event” add “exceptional”.
Page 96 Sub-Clause 20.1: On the fourth line of sub-paragraph (c), delete “determination”.
On the fourth line of the last paragraph replace “but the” with “except if
any of sub-paragraphs (a) to (c) of Sub-Clause 21.4 [ Obtaining DAAB’s
Decision ] applies. The”.
On the eighth line of the last paragraph add “shall” after “and” and before
“include”.
Page 97 Sub-Clause 20.2.2: On the fourth line of the last paragraph replace “[ Fully detailed claim ]”
with “[ Fully detailed Claim ]”.

© FIDIC 2022
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Page 98 Sub-Clause 20.2.4: On the fourth line of the second-last paragraph replace “fully detailed
claim shall include” with “fully detailed Claim shall be supplemented
with”.
Page 98 Sub-Clause 20.2.5: On the sixth line of the second paragraph replace “fully detailed claim”
with “fully detailed Claim”.
Page 101 Sub-Clause 21.2: At the end of sub-paragraph (d) after “to do so,” add:
“, or because the terms of the DAAB Agreement (including the amount
of the monthly fee or the daily fee) cannot be agreed with the member or
replacement within 14 days after he/she has been advised by the Parties
that they have agreed to his/her appointment,”.
In the first paragraph delete the text that follows sub-paragraph (d) and
replace with the following:
“then, unless otherwise agreed by the Parties, either or both Parties may
apply to the President of FIDIC or a person appointed by the President,
who shall be the appointing official under the Contract. The appointing
official shall, after due consultation with both Parties and after consulting
the prospective member(s) or replacement:
- appoint the member(s) of the DAAB or the replacement;
and
- set the terms of the appointment, including the amounts of the
monthly fee and the daily fee for each member or replacement.
Selection of the member(s) or replacement to be so appointed shall not
be limited to those persons named in the list in the Contract Data or, in
the case of sub-paragraph (d) above, to the member(s) or replacement
agreed by the Parties.
This appointment and its terms shall be final and conclusive.”.
On the second line of the last paragraph delete “entity or”.
Page 102 Sub-Clause 21.4: On the third and fourth lines replace “and the following provisions shall
apply” with a full stop “.”, and add the following text as new paragraphs:
“In addition to the situation described in the definition of Dispute under
Sub-Clause 1.1.29 above, a Dispute shall be deemed to have arisen if:
(a) there is a failure as referred to under sub-paragraph (b), or a
non-payment as referred to under sub-paragraph (c), of Sub-Clause
16.2.1 [ Notice ];
(b) the Contractor is entitled to receive financing charges under
Sub-Clause 14.8 [ Delayed Payment ] but does not receive payment
thereof from the Employer within 28 days after his request for such
payment; or
(c) a Party has given:
(i) a Notice of intention to terminate the Contract under Sub-Clause
15.2.1 [ Notice ] or Sub-Clause 16.2.1 [ Notice ] (as the case may
be); or
(ii) a Notice of termination under Sub-Clause 15.2.2 [ Termination ],
Sub-Clause 16.2.2 [ Termination ], Sub-Clause 18.5 [ Optional
Termination ] or Sub-Clause 18.6 [ Release from Performance
under the Law ] (as the case may be);
and the other Party has disagreed with the first Party’s entitlement to
give such Notice;
which Dispute may be referred by either Party under this Sub-Clause
21.4 without the need for a NOD (and Sub-Clause 3.7 [ Agreement or

© FIDIC 2022
8
 Determination ] and sub-paragraph (a) of Sub-Clause 21.4.1 [ Reference
of a Dispute to the DAAB ] shall not apply).
Where a Dispute is to be referred to the DAAB for its decision, the
following provisions shall apply.”.
Page 102 Sub-Clause 21.4.1: In sub-paragraph (a) replace “if Sub-Clause 3.7 [ Agreement or
Determination ] applied to the subject matter of the Dispute” with
“subject to sub-paragraph (ii) of Sub-Clause 3.7.3 [ Time limits ] and
the provisions of the second paragraph of Sub-Clause 21.4 [ Obtaining
DAAB’s Decision ]”.
4
APPENDIX – GENERAL CONDITIONS OF DAAB AGREEMENT

CONDITIONS
Independence and

GENERAL
Impartiality 4.1 Further to Sub-Clauses 3.1 and 3.2 above, the DAAB Member shall:
Page 107 Clause 1: Replace the Sub-Clause numbering for the last five definitions with “1.4”
to(a)“1.8”,have
respectively.
no financial interest in the Contract, or in the project of which the
Works are part, except for payment under the DAA Agreement;
Page 107 Sub-Clause 1.1: Replace “General Conditions of Dispute Avoidance/Adjudication Agreement”,
in(b) have no interest whatsoever (financial or otherwise) in the Employer, the
the two instances, with “General Conditions of DAAB Agreement”.
Contractor, the Employer’s Personnel or the Contractor’s Personnel;

GUIDANCE
Page 109 Sub-Clause 4.1: Replace
(c) insub-paragraph
the ten years (c) with the
before following:
signing the DAA Agreement, not have
been employed as a consultant or otherwise by the Employer, the
“(c) in the 5 years the
Contractor, before signingPersonnel
Employer’s the DAAB or Agreement, notPersonnel;
the Contractor’s have been
employed as a consultant or otherwise by the Employer, the Contractor,
(d) not previously have acted, and shall not act, in any judicial or arbitral
the Employer’s Personnel or the Contractor’s Personnel, except in such
capacity in relation to the Contract;
circumstances as were disclosed in writing to the Employer and the
(e) have disclosed in writing to the Employer, the Contractor and the
Contractor before they signed the DAAB Agreement (or are deemed to

FORMS
Other Members (if any), before signing the DAA Agreement (or before
have done so);”.
he/she is deemed to have signed the DAA Agreement under the
Contract) and
In sub-paragraph (f) to
thehis/her best words
following knowledge“the and recollection,
Employer, any:
the Contractor,
the Employer’s Personnel or the Contractor’s Personnel, except as with
(i) existing and/or past professional or personal relationships may
be agreed any director,
by the officer or
Employer, employee
the Contractorof theand
Employer, the Contractor,
the Other Members
the Employer’s
(if any); and/or” should be Personnel
indented or so
the as
Contractor’s Personnel
to be clear that it (including
is part of
as a dispute resolution practitioner on another project),
sub-paragraph (f):
(ii) facts or circumstances which might call into question his/her
independence or impartiality, and
(iii) previous involvement in the project of which the Contract forms
part;
(f) not, while a DAAB Member and for the Term of the DAAB:
(i) be employed as a consultant or otherwise by, and/or
(ii) enter into discussions or make any agreement regarding future
employment with
the Employer, the Contractor, the Employer’s Personnel or the Contractor’s
Personnel, except as may be agreed by the Employer, the Contractor and
the Other Members (if any); and/or

(g) not solicit, accept or receive (directly or indirectly) any gift, gratuity,
commission or other thing of value from the Employer, the Contractor,
the Employer’s Personnel or the Contractor’s Personnel, except for
payment under the DAA Agreement.

5
Page 112 Sub-Clause 9.1: Replace sub-paragraphs (b)(iv) and (b)(v) in their entirety by the following:
General Obligations

of the DAAB Member 5.1 “(iv)
Thespent
DAAB on preparing
Member shall: and attending hearings (and, in case of a
three-member DAAB, attending meeting(s) between the DAAB
(a) Members
comply in accordance
with the GCs, thewith
DAABsub-paragraph (a) of Ruleof8.2
Rules and the Conditions of the
Contract
DAABthatRules, and communicating
are relevant with the Other Members); and
to the DAAB’s Activities;
(b) spent
(v) not give
on advice to thedecisions,
preparing Employer, the Contractor,
including the Employer’s
studying written
Personnel or and
documentation the Contractor’s Personnel
arguments from concerning the conduct of
the Parties.”.
the Contract, except as required to carry out the DAAB’s Activities;

In(c)sub-paragraph (c),availability
ensure his/her replace “telephone callsof(and
during the Term videoconference
the DAAB (except in
calls, if exceptional
any, and internet access)” with “internet access”.
circumstances, in which case the DAAB Member shall
give a Notification without delay to the Parties and the Other Members
(if any) detailing the exceptional circumstances) for all meetings, Site
visits, hearings and as is necessary to comply with sub-paragraph (a)
above;
become, and shall remain for the duration of the Term of the DAAB,9
© FIDIC 2022
(d)
knowledgeable about the Contract and informed about:
Page 112 Sub-Clause 9.2: On the second-last and last lines, delete “(or, under the Contract,
deemed to have been signed)”.
Page 112 Sub-Clause 9.3: Replace the text of this Sub-Clause in its entirety with:
“If the DAAB Member has been appointed by the appointing official, the
amounts of the DAAB Member’s monthly fee and daily fee, under Sub-Clause
9.1 above, shall be as referred to under sub-paragraph (i) of Sub-Clause 21.2
[ Failure to Appoint DAAB Member(s) ] of the Conditions of Contract.”.
Page 113 Sub-Clause 9.6: In the first paragraph replace the numbering of the third sub-paragraph
from “b” to “c”.
Page 113 Sub-Clause 9.7: In sub-paragraph (b), before “resign”, add “without prejudice to his/her
other rights or remedies,”.
Page 114 Sub-Clause 10.2: On the fourth line, replace “notice” with “Notification”.
Page 115 Sub-Clause 11.1: On the fourth line, delete “Objection Procedure”.
On the fourth and fifth lines, delete “Challenge Procedure”.
Page 116 Clause 12: Delete “2017”, delete “and Article 30”, and delete “at Appendix VI”.

ANNEX – DAAB PROCEDURAL RULES

Page 117 Rule 2.1: On the fourth and fifth lines, replace “by telephone or by video conference”
with “online”.
Page 117 Rule 3.2: On the second line replace “a face-to-face meeting with the Parties” with:
“an introductory meeting with the Parties. The date, time and type (online
or in-person) of, and agenda for, the introductory meeting shall be set by
the DAAB in consultation with the Parties”.
Page 117 Rule 3.3: On the first line delete “face-to-face”, and replace “and/or” with “and”.
On the third line replace “and/or Site” with “and Site”.
After sub-paragraph (c) add a new paragraph:
“Each such meeting shall be face-to-face and each Site visit shall be
in-person, unless the Parties and the DAAB agree that exceptional
circumstances mean that it would be prudent for the meeting and Site visit
to be carried out online. The date, time and agenda for each such meeting
and Site visit shall be set by the DAAB in consultation with the Parties.”.
Page 117 Rule 3.4: On the first line delete “face-to-face”.
On the second to fourth lines, replace “by telephone or video conference
as agreed with the Parties (in which case each Party bears the risk
of interrupted or faulty telephone or video conference or internet
transmission and reception)” with “online”.
Page 118 Rule 3.6: On the first line of sub-paragraph (a), replace “by telephone or videoconference
(as agreed with the Parties under Rule 3.4 above)” with “online”.
On the second line of sub-paragraph (b), replace “a Site visit” with “an
in-person Site visit”.
Page 118 Rule 3.9: Replace sub-paragraph (c) in its entirety with: “access to an online video
conference platform for each online meeting and Site visit”.
Page 119 Rule 5.1: On the second line, replace “DAA Agreement” with “DAAB Agreement”.
Page 121 Rule 8.2: The sentence “the Other Members shall nevertheless proceed to make
a decision, unless:” should be indented so as to be clear that it is part of
sub-paragraph (d):

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10
 (b) the DAAB Members shall use all reasonable endeavours to reach a
unanimous decision;
(c) if it is not possible for the DAAB Members to reach a unanimous
decision, the applicable decision shall be made by a majority of
the DAAB Members, who may require the minority DAAB Member
to prepare a separate written report (with reasons and supporting
particulars) which shall be issued to the Parties; and
(d) if a DAAB Member fails to:
(i) attend a hearing (if any) or a DAAB Members’ meeting; or
(ii) fulfil any required function (other than agreeing to a unanimous
decision)
the Other Members shall nevertheless proceed to make a decision, unless:

•
such failure has been caused by exceptional circumstances,
of which the Other Members and the Parties have received a
Notification from the DAAB Member;
• the DAAB Member has suspended his services under
Page 122 Rule 9: In the heading of this Rule,
sub-paragraph (a) of replace “DAA
Sub-Clause 9.7 Agreement”
of the GCs; orwith “DAAB
Agreement”.
• otherwise agreed by the Parties in writing.
Page 122 Rules 9.1 and 9.2: 8.3
If, after
On giving
the first a decision,
line, the DAAB
replace “DAA finds (and,with
Agreement” in the case ofAgreement”.
“DAAB a three-member
DAAB, they agree unanimously or by majority) that the decision contained
any error:

(a) of a typographical or clerical nature; or

GUIDANCE FOR THE PREPARATION OF PARTICULAR CONDITIONS
(b) of an arithmetical nature
Title page: On
the the right-hand
chairman side,or replace
of the DAAB “Dispute
the sole DAAB Adjudication/Avoidance
Member (as the case may be)
Agreement” with “DAAB Agreement”.
shall, within 14 days after giving this decision, advise the Parties of the error
and issue an addendum to its original decision in writing to the Parties.
Particular Conditions Part A – Contract Data
Page 2 INTRODUCTORY 8.4 InIf,the
within 14 paragraph
fourth days of receiving
replacea decision fromEmployer
“which the the DAAB, either Contract
wishes Party finds
GUIDANCE NOTES a typographical, clerical or arithmetical
Data to be completed by the tenderers” with: error in the decision, that Party may
request the DAAB to correct such error. This shall be a written request and
“in theclearly
shall Contract Data
identify thewhich
error. the Employer wishes the tenderers to
complete.”.
8.5 If, within 14 days of receiving a decision from the DAAB, either Party believes
CONTRACT DATA that such decision contains an ambiguity, that Party may request clarification

Page 3 Replace “1.1.19” with “1.1.20”.

General Conditions © FIDIC 2017
121
Page 3 Replace “1.1.85” with “1.1.84”.
Page 3 The second and third columns for Sub-Clause 2.1 to be replaced with:
“after receiving the Letter of Acceptance, the
Contractor shall be given right of access to, and
possession of:
(tick the relevant box)
o all of the Site ________ days
o parts of the Site as follows:
part:............................................................ ________ days
part:............................................................ ________ days
part:............................................................ ________ days”

Page 4 In the third column for Sub-Clause 12.3 replace “as stated under 1.1.19
above” with “as stated under 1.1.20 above”.
Page 5 The first, second and third columns for Sub-Clause 14.2.3 to be replaced
with:

14.2.3(a)....... minimum amount of certified interim

payments to commence repayment of
the Advance Payment (as a percentage
of the Accepted Contract Amount) ________ %

© FIDIC 2022
11
 14.2.3(b)....... percentage deductions for the
repayment of the Advance Payment ________ %
Page 6 Replace “19.2(1)(b)” with “19.2.1(b)”, and “19.2(1)(iv)” with “19.2.1(iv)”.
Page 7 In the entry for 19.2.1(iv) delete “list of Exceptional Risks” and replace
with “list of risks arising from Exceptional Events”.
Delete the entry for Sub-Clause 21.2, including the statement: “(Unless
otherwise stated here, it shall be the President of FIDIC or a person
appointed by the President)”.

Particular Conditions Part B – Special Provisions

Page 9 Introduction Delete the indented text in the second-last paragraph of the introduction
and replace with the following:
“The Conditions of Contract comprise the “General Conditions”, which
form part of the “Conditions of Contract for Construction for Building
and Engineering Works Designed by the Employer ” Second Edition
2017, reprinted 2022 with amendments, published by the Fédération
Internationale des Ingénieurs-Conseils (FIDIC), the Contract Data
(Particular Conditions – Part A) and the following “Special Provisions”
(Particular Conditions – Part B), which include amendments and additions
to such General Conditions.”

NOTES ON THE PREPARATION OF SPECIAL PROVISIONS

Page 15 EXAMPLE Replace “B 1.1.x” with “1.1.x”.
New Definition
Page 15 EXAMPLE Replace “B 1.1.’n’” with “1.1.x”.
New Definition
Page 24 Guidance for On the first line of the last paragraph, replace “14.12.5” with “4.12.5”.
Sub-Clause 4.12
Pages Additional Sub-Clause On pages 26 and 27 in the EXAMPLE PROVISIONS FOR MILESTONES:
26-27 Milestones - on the fourth line of the definition of “Milestone”, replace “[ Milestone
Works ]” with “[ Milestones ]”.
- replace the sentence “Add new Sub-Clause 4.24 ... Milestones” with
“Add new Sub-Clause 4.24 [ Milestones ]”.
- in the last paragraph replace the numbering of the fourth sub-paragraph
with “(iv)”.
Page 33 Guidance for On the first line of the first paragraph replace “preferable to” with:
Sub-Clause 8.3 “preferred by”.
Page 46 Guidance for Delete the entire paragraph and replace with the following:
Sub-Clause 18.1
“In respect of sub-paragraph (f) of this Sub-Clause, it should be
noted that any event of “exceptionally adverse climatic conditions” (as
referred to in sub-paragraph (c) of Sub-Clause 8.5 [ Extension of Time
for Completion ]) will not constitute an Exceptional Event unless it is of
such severity or magnitude that the conditions stated in sub-paragraphs
(ii) and (iii) of this Sub-Clause 18.1 [ Exceptional Events ] are fulfilled.
Therefore, unless both such conditions are fulfilled, there is no right
for either Party to suspend the Works in the case of an event of
“exceptionally adverse climatic conditions”, although if this type of event
has the effect of delaying completion and taking-over of the Works or
Section the Contractor shall be entitled to EOT under sub-paragraph (c)
of Sub-Clause 8.5 [ Extension of Time ].”.

© FIDIC 2022
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Page 47 Guidance for On page 47 in the last bullet-point after “that does not involve” add
Sub-Clause 20.1 “additional”.

Pages Guidance for On pages 47 to 49, replace all instances of “DAAB Member” with “DAAB
47-49 Sub-Clause 21.1 member” and all instances of “DAAB Members” with “DAAB members”.
In the second-last paragraph on page 47 replace “be one of the two
alternative example forms included at the end of this publication (in the
section “Sample Forms”), as appropriate to the arrangement adopted”
with: “is the example form included at the end of this publication (in the
section “Forms”)”.
In the last paragraph on page 47 replace “both forms of the DAAB
Agreement incorporate” with “the form of the DAAB Agreement
incorporates”.

In the last paragraph on page 47 replace “General Conditions of Dispute

Avoidance/Adjudication Agreement” with “General Conditions of DAAB
Agreement”.

In the Example provisions on page 49, second paragraph replace

“General Conditions of Dispute Avoidance/Adjudication Agreement” with
“General Conditions of DAAB Agreement”.

Page 48 Guidance for On page 48, delete the paragraph with opening words “If the Parties
Sub-Clause 21.1 cannot agree on any DAAB Member …” and replace with the following:

“If the Parties cannot agree on any DAAB Member, or replacement, or

cannot agree the terms of the DAAB Agreement with any prospective
DAAB Member or replacement, Sub-Clause 21.2 [ Failure to Appoint
DAAB Member(s) ] applies. Therefore, unless otherwise agreed by the
Parties, the selection and appointment of the DAAB Member(s) will be
made by the President of FIDIC or a person appointed by the President.

FIDIC is very knowledgeable about the nature and purpose of a DAAB

and is an impartial entity to make such appointments, in circumstances
where it has not been possible to appoint the DAAB member or
replacement member by the agreement of the Parties.

FIDIC has its appointment rules and maintains a list of approved and
experienced adjudicators for this specific purpose: The FIDIC President’s
List of Approved Dispute Adjudicators.This list is available to access on
FIDIC’s website at fidic.org”.
Page 48 Guidance for On page 48, in the second-last paragraph, delete “+ 84 days to submit
Sub-Clause 21.1 detailed particulars for the Claim under Sub-Clause 20.2.4 [ Fully detailed
Claim ]” and replace with the following:

“ + 56 days to submit detailed particulars for the Claim under

Sub-Clause 20.2.4 [ Fully detailed Claim ] (the period of “84 days” stated
in sub-paragraph (i) of Sub-Clause 20.2.4 is measured from the date that
“the claiming Party became aware, or should have become aware of, the
event or circumstance” which date, in this instance, will be the date of
termination. Therefore, the period of 56 days here takes account of the
above 28-day period for giving a Notice of Claim)

+ 28 days to allow for the Engineer to ask for further particulars in

respect of the Claim, or for the Parties to agree a longer period for the
Engineer’s agreement/determination of the Claim than that allowed
under Sub-Clause 3.7 [ Agreement or Determination ] as referred to
under Sub-Clause 20.2.5 [ Agreement or determination of the Claim ]”.

© FIDIC 2022
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Page 50 Example Mediation Rules Delete the first paragraph and replace with the following:
“If the Parties are unable to agree on the choice of an independent and
impartial mediator, or if the chosen mediator is unable or unwilling to act,
then unless otherwise agreed by the Parties, either or both Parties may
apply to the President of FIDIC or a person appointed by the President,
to appoint a mediator.”.

Delete the second-last paragraph and replace with the following:

“Each Party shall be responsible for paying one-half of the remuneration
of the mediator (and, if the mediator has been appointed by the President
of FIDIC or a person appointed by the President, the remuneration of the
appointing official).”.

Advisory Notes to Users of FIDIC Contracts Where the Project Uses Building
Information Modelling Systems
Pages 53-55 Advisory Notes to Users of FIDIC Contracts Where the Project Uses
Building Information Modelling Systems is replaced in its entirety.

Annexes FORMS OF SECURITIES

Title page of last section “Forms”: On the right-hand side, replace “Dispute Adjudication/Avoidance
Agreement” with “DAAB Agreement”.
In the text under the main title, replace “Dispute Adjudication Avoidance
Agreement” with “DAAB Agreement”.

Form of LETTER OF ACCEPTANCE

Page ii At the end of the third paragraph under the following:
“________________________”
[ currency and amount in words ],
add “which amount includes the Provisional Sums (if any).”.

Form of DISPUTE AVOIDANCE/ADJUDICATION AGREEMENT

Page iv Replace heading “DISPUTE AVOIDANCE/ADJUDICATION AGREEMENT”
with “DAAB AGREEMENT”
Page v In sub-paragraph (b) of clause 1:
- replace “General Conditions of Dispute Avoidance/Adjudication
Agreement” with “General Conditions of DAAB Agreement”; and
- after “Second Edition 2017” add “, reprinted 2022 with amendments”.

© FIDIC 2022
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