Читать книгу The 2017 FIDIC Contracts - William Godwin - Страница 62

Clause 3.7.3 sets out the time limits for the various stages in the agreement or determination process.

The Engineer must give notice of agreement, if agreement is reached, within 42 days, or within whatever other time limit he proposes and the parties agree, after:

1 in the case of a matter to be agreed or determined which is not a claim, whatever date of commencement of the time limit for agreement may be stated in the relevant Contract clause; or

2 where there is a claim by either party, for relief other than under clause 20.1(a) or (b),⁸ the date the Engineer receives a clause 20.1 notice from the claiming party; or

3 where there is a claim under clause 20.1(a) or (b), the date the Engineer receives:a fully detailed claim under clause 20.2.4,⁹ orwhere there is a claim of continuing effect under clause 20.2.6,¹⁰ an interim or final fully detailed claim, as appropriate.

The Engineer must give the notice of his determination referred to in clause 3.7.2 within 42 days, or whatever other time he proposes and the parties agree, after either (a) no agreement is reached under clause 3.7.1 within the 42 days (or other agreed time limit) or (b) the parties advise that no agreement can be achieved within that period, whichever is the earlier.

If the Engineer does not give his notice, of either agreement or determination, within the relevant time limit then (a) in the case of a claim, the Engineer is deemed to have given a determination rejecting the claim, or (b) in the case of any matter to be agreed or determined other than a claim, a dispute is deemed to have arisen under clause 1.1.29 which may then be referred by either party to a Dispute Avoidance/Adjudication Board (DAAB)¹¹ for a decision under clause 21.4, without the usual notice of dissatisfaction (NOD)¹² being given.

Thus time limits reinforced by deeming provisions apply in order to seek to ensure both that adequate consultation takes place between the parties, facilitated by the Engineer, and that, if despite that process agreement cannot be achieved, the matter or claim is resolved within a defined period by the Engineer's determination, failing which it may be referred to a DAAB.