Under FIDIC Red and Yellow Books 1999, Sub-Clause 8.3 [Programme] includes an important obligation related to early warning. It requires both Parties to proactively notify each other and the Engineer of any probable future events or circumstances that may adversely affect the Works, including delays, increased cost, or performance issues.
Option B is correct because the clause clearly establishes a mutual obligation: both Parties must inform each other and the Engineer, and the Engineer must also inform the Parties. This ensures transparency and enables proactive mitigation of risks.
Option D is also correct. The Contractor has a specific obligation to notify the Engineer of such events. This aligns with the Contractor’s responsibility for planning and executing the Works and maintaining an updated programme.
Option A is incorrect because the obligation arises before the Time for Completion is actually affected—it is about anticipated or probable events, not confirmed impacts.
Option C is incorrect because the Engineer does have a role in communication and must advise the Parties accordingly.
This early warning mechanism is a key feature of FIDIC contracts, promoting risk management, cooperation, and prevention of disputes rather than reactive claims handling.
