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3.3 Agreement or Determination

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The procedure for obtaining the parties' agreement or issuing a determination if no agreement is forthcoming has become far more detailed and structured than in the 1999 editions of the contracts, with greater emphasis on consultation involving the parties and the Engineer/Employer's Representative. The procedure is the same in all the 2017 contracts, although, as noted above, it is set out in clause 3.7 of the 2017 Red and Yellow Books and clause 3.5 of the Silver Book. As also noted above, the process of agreement or determination covers not merely claims but applies whenever the conditions of contract require the Engineer or Employer's Representative to proceed to determine any matter or claim.

In what follows clause references will be to clause 3.7 of the 2017 Red and Yellow Books and the contract administrator will be referred to as ‘the Engineer’.

The 2017 FIDIC Contracts

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