In the FIDIC 2017 suite of contracts, time bars and procedural time limits are widely used to ensure efficient contract administration and avoid delays in decision-making. However, FIDIC does not uniformly impose a strict penalty such as automatic loss of rights or damages for every missed deadline. Instead, a key contractual mechanism frequently used is the concept of a “deemed” outcome.
This means that if a Party, the Engineer, or the Employer fails to respond or act within a specified time period, the contract may prescribe an automatic consequence—often referred to as a “deemed approval,” “deemed consent,” or “deemed rejection.” For example, under claims procedures (Clause 20), if the Engineer does not respond within the defined timeframe, certain submissions may be deemed accepted or rejected depending on the clause.
This approach ensures continuity and prevents contractual deadlock. It avoids situations where inaction by one party halts progress or creates uncertainty. It also supports the proactive management philosophy embedded in FIDIC 2017, emphasizing timely communication, strict procedural compliance, and administrative discipline.
Option A is too absolute, as loss of rights applies only in specific cases (e.g., failure to give notice of claim). Option B is incorrect because damages are not the general remedy for missed procedural deadlines. Option D is also incorrect because outcomes are not universally made binding automatically; instead, deemed mechanisms vary depending on the clause.
Thus, the most typical approach is the use of “deemed” outcomes to maintain contractual flow.