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The Prevention Principle and Notice Provisions in FIDIC Contracts: A Recap
This article examines the conflict between the prevention principle and FIDIC notice provisions. Traditionally, employers cannot enforce obligations causing delays, but modern contracts demand strict notice compliance. Recent cases favor enforcing notice regimes, even for employer-caused delays, sparking fairness concerns.
Author: Victoria Tyson
12/16/2025
Design risk under FIDIC contracts: Navigating responsibilities and liabilities
Introduction The allocation of design risk is an important consideration […]
Author: Joanne Clarke
12/15/2025
Developments in Collaborative Contracting
Introduction The construction market is increasingly seeking out new ways […]
Author: James Reader
India is Building Bridges: Cross-Border Collaboration on Construction Disputes
India is cautiously opening its doors to global expertise. The […]
Author: Shreya Upreti
Howard Kennedy plays key role in launch of the International Construction Arbitrators Association (ICAA)
ICAA, founded by Edward Corbett, offers a global list of specialist arbitrators for international construction disputes. Modeled on the LMAA, it promotes expertise, diversity, and next-generation professionals. The list is available at www.intcaa.org.
Author: Edward Corbett, Joanne Clarke
New International Construction Brochure
Our leading international construction team specialise in the avoidance and resolution of disputes arising in the construction and engineering sector. In addition, we advise on procurement, drafting and negotiating contracts. To find out more, download the brochure.
Author: International Construction Team
12/12/2025
Introducing the Spring 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
11/12/2025
Celebrating Five Years of FIDIC 2017: A Practical Legal Guide
November 2025 marks five years since the International Construction team at Howard Kennedy LLP published FIDIC 2017: A Practical Legal Guide, which is praised for clarity, depth, and practical utility, becoming an essential resource for administering complex FIDIC contracts and avoiding disputes.
Author: International Construction Team
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
SOLD OUT: 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
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