ERDEM-NEWSLETTER-2018-metin

48 NEWSLETTER 2018 satisfied with the determination made by the Engineer must provide a “Notice of Dissatisfaction” notice within 28 days. Determination made in the event that the Notice of Dissatisfaction is not given within 28 days becomes definite and binding. In addition, if a determination is not made within 42 days by the Engineer, the claim is regarded as rejected, and the matter is then considered to be a dispute. Dispute Resolution One of the most important changes, including all three books, has been made regarding the solution of disputes. Firstly, the claim and dispute regulation in Article 20 of the contracts in FIDIC 1999 is divided into two, and Article 20 is regulated as a claim article for both the Contractor the Employer, and Article 2.5 regulating the Emloyer’s Claim is removed from the contract. Similar applications and equal time constraints have been introduced in new Article 20 for both the Employer and the Contractor. Thus, the effort to create more balanced contracts, which is one of the objectives of the 2017 updates, is re- flected in this Article. Furthermore, preparing the grounds to resolve disagreements between parties by agreement, by way of separating the claim and the dispute, constitutes a part of the dispute-prevention mechanism, which is also one of the purposes of the updates. One of the most remarkable points of the FIDIC 2017 updates is that the DisputeAdjudication /Avoidance Board (DAAB) has taken the place of the DAB (Dispute Adjudication Board), which is the FIDIC- specific dispute resolution path before the arbitration trial. With this regulation, the DAAB delegation is transformed into a structure that has been assigned, and has been in service, since the enforcement of the contract. It is aimed to reach the agreement of the parties before it becomes a dispute, by intervening in the process before the emergence of a dispute, with the standing DAAB delegation that has been in duty since the beginning of the contract, instead of the delegation that is appointed after the emergence of a dispute. With the FIDIC 2017 updates, the authorities of the DAAB have also been extended with the new structure. The delegation, which will be on duty since the beginning of the contract, now has been granted