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Claims resolution procedures in construction contracts
Claims are common in construction projects, but success depends on effective management and preventing disputes. Claims may arise from contract terms or breaches, while governing law affects interpretation and remedies. This article shows how FIDIC forms guide resolution, highlighting key differences between 1999 and 2017 editions.
Author: Joanne Clarke, Victoria Tyson
08/13/2025
Seminar: Introduction to International Arbitration in Construction & Engineering Disputes
Jo Clarke, in a webinar hosted by MBL Seminars, gives an introduction to international arbitration when used to resolve international construction and engineering disputes. It will include practical and tactical perspectives.
Author: Joanne Clarke
08/10/2025
Introducing the Autumn Series of FIDIC Contracts Seminars
Howard Kennedy’s International Construction team are getting together with Cornerstone Seminars to put on a series of 8 weekly online seminars relating to FIDIC Contracts. Click to find out more.
Author: International Construction Team
08/08/2025
Red and Green should never be seen. Is it time for a rethink?
Prolongation costs are difficult to calculate, and the time and effort required may be disproportionate to the sum recovered. The Green Book contains a new mechanism for calculating prolongation costs. Could or should this mechanism be incorporated into the Red Book?
Author: James Reader
06/24/2025
Who is writing your arbitration awards?
Arbitration can be expensive and time-consuming. Concerns have arisen over the quality of awards due to excessive copying, delegation, and AI use, potentially damaging credibility and trust in arbitration. Are standards slipping?
Author: Victoria Tyson
06/23/2025
Desafíos de los contratos FIDIC en español
Challenges of FIDIC Contracts in Spanish
Languages, by nature, are not perfect reflections of each other, and this means that the Spanish translations of the FIDIC contracts differ (sometimes with serious consequences) from their originals in English. This article is available in Spanish and English.
Author: Gabriel Mulero Clas
Bridging the green – is FIDIC moving forward sustainably in 2025?
Introduction There is an intensifying need (we say rightly) for […]
Author: Anzelle Ford
International Construction Brochure
Our international construction team specializes in dispute avoidance and resolution, procurement, and contract negotiation. We cover major sectors globally, advising employers, engineers, and contractors on large projects, with cross-border expertise and collaboration on local law issues. Click below to read our brochure.
Author: International Construction Team
06/11/2025
FIDIC Seminars – Claims
Day 1 Time Session 09.30 Overview of FIDIC Contracts 10.15 […]
Author: International Construction Team
05/14/2025
FIDIC Seminars – Contracts
Day 1 Time Session 08.30 Registration 09.00 Overview of the […]
Author: International Construction Team
Green Book Commentaries (Coming Soon)
We are pleased to inform you that a series of […]
Author: International Construction Team
The Engineer under FIDIC forms of contract: Real-life questions
The ‘Engineer’ under the FIDIC forms of contract has long […]
Author: Joanne Clarke
11/28/2024
New Arbitration and Mediation Guidelines for Indian Public Procurement Contracts
The Government of India has recently introduced important guidelines for […]
Author: Shreya Upreti
CAB to Resolution: Steering Clear of Conflicts
In August 2024 SIMC introduced a new Integrated Appropriate Dispute Resolution Framework (‘INTEGRAF’) to help disputing parties “unbundle disputes and apply the most appropriate dispute resolution mechanism to each aspect of a dispute.” This article considers INTEGRAF’s applicability in construction projects.
Author: Victoria Tyson
No Notice, No Claim? Conditions Precedent in FIDIC Contracts
How do you establish whether a notice provision is really […]
Author: Victoria Tyson
1999 Suite: Commentary on Clause 02 – The Employer
Clause 2 outlines key Employer obligations, including access rights, assistance with permits, and financial arrangements. Additional obligations include payment (Sub-Clause 14.7) and taking over the Works (Sub-Clause 10.1). Employer claims require notice and compliance with Sub-Clause 2.5.
Author: Joanne Clarke
Tags: Employers' obligations
11/27/2024
No Oral Modification Clauses Mean What They Say
Will an oral agreement override a written one that expressly […]
Author: Joanne Clarke
Tags: Court Decision, No Oral Modification Clause, NOM, Oral Agreement, Oral Modification
11/14/2024
The Highest UK Court Reviews the Law on Penalties
A penalty is now to be regarded as: “a secondary […]
Author: Victoria Tyson
Tags: Court Decision, Damages, Law, Law on Penalities, penalties, Penalty, Supreme Court
11/13/2024
The Problem with Enforcing Arbitration Awards that have been Annulled
The purpose of the 1958 New York Convention is to […]
Author: Victoria Tyson
Tags: annulled award, Arbitral Award, award, Court Decision, Enforcement, international arbitration, International Enforcement
The Dangers of Employer Set Off in your FIDIC Contract: Suspension and Termination
If an Employer sets off certified but unpaid sums without following Sub-Clause 2.5, it may breach contract terms under FIDIC 1999. This article explores whether Employers can bypass the Engineer’s role and why the clause’s wording is crucial to both Contractors and Employers.
Author: Victoria Tyson
Tags: contractor, Contractor Suspension, Contractor Termination, Employer, Employer Set-Off, Interim Payment Certificate, IPC, Set-Off, Suspension, termination
FIDIC Sub-Clause 20.5 – A Condition Precedent to Arbitration
The 1999 FIDIC forms of contract contain a number of […]
Author: Victoria Tyson
Tags: Amicable Settlement, Condition Precedent, DAB, Dispute, dispute adjudication board, NOD, Notice of Dissatisfaction, Settlement
FIDIC Silver Book – Payments Due Shall Not Be Withheld… Really?
There is a substantial difference between the payment provisions of […]
Author: Victoria Tyson
Tags: costs, Court Decision, Damages, Delay, Interim Payment Certificate, IPC, payment, Set-Off
2017 Suite: Commentary on Clause 01.15 – Limitation of Liability
Clause 1.15, previously in Sub-Clause 17.6 (1999 Edition), is now separated from Risk and Responsibility. It exempts parties from liability for loss, including loss of use, profit, or contracts, with exceptions for certain sub-clauses, notably Sub-Clauses 8.8 and 13.3.1(c).
Author: Victoria Tyson
Tags: costs, Damages, Delay, Exemption, Exemption from Liability, liability, Limitation, Limitation of Liability
2017 Suite: Commentary on Clause 14 -Contract Price and Payment
Clause 14 outlines payment, certificates, and release from liability. While the methodology remains unchanged, procedural adjustments may delay payments but aim for prompt claim resolution. Some changes benefit contractors: e.g. claims are addressed during or shortly after the contract period.
Author: Victoria Tyson
Tags: contract, Contract Price, costs, Delay, guarantee, interim payment, Interim Payment Certificate, IPC, payment
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The content of the Knowledge Hub is not legal advice. You should always consult a suitably qualified lawyer regarding a particular legal issue or problem that you have. Please contact us if you require legal assistance.