In 1999, the Engineer acted as a quasi-neutral. In 2017, the Engineer is now formally required to issue a determination for almost every dispute or claim before arbitration. This is a binding, provisional decision unless challenged via the new Dispute Avoidance/Adjudication Board (DAAB).
Most disputes arise because a Contractor wants an Extension of Time (EOT) and Cost, but the Employer only wants to grant one.
The Legal Risk: If the Contractor submits a single document asking for "EOT + $500k," the Engineer is now legally entitled to dismiss the money portion even if they grant the time portion. A practical guide PDF must include a "Claim Separation Checklist." fidic 2017 a practical legal guide pdf updated
Under the 2017 update, the Engineer has 42 days to respond to a claim for time or money. If they fail to respond, the claim is deemed to have been rejected. This shifts the burden immediately to the DAAB.
Why this is legal dynamite: In 1999, silence might have implied acceptance. In 2017, silence is a rejection. Your guide should include a legal annotation on "deemed rejection" consequences under different governing laws (Common Law vs. Civil Code). In 1999, the Engineer acted as a quasi-neutral
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) .
What has changed?
Practical Legal Strategy: