Bridging the green – is FIDIC moving forward sustainably in 2025?
Introduction There is an intensifying need (we say rightly) for the construction industry, globally, to address climate change in line with global climate objectives. According to the UN, the buildings and construction sector is the largest emitter of greenhouse gas, accounting for about 37% of global emissions[1]. Focus was previously on decreasing operational carbon emissions[2] but is now also on mitigating embodied carbon emissions[3]. This requires collaboration of all stakeholders and innovative strategies to decarbonise building materials if the ambitious 2016 Paris Agreement's[4] net zero target is to be achieved by 2050. Most developed countries have taken a proactive and
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FIDIC Seminars – Contracts
We provide core training on all aspects of FIDIC and have set out the core sessions available on FIDIC Contracts within.
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.
1999 Suite: Commentary on Clause 10 – Employer’s Taking Over
Clause 10 covers the Taking-Over of Works, Sections, or parts. It includes conditions for Taking-Over, deemed Taking-Over due to Employer's use or interference, and breach of contract if the Engineer fails to issue the Taking-Over Certificate.
1999 Suite: Commentary on Clause 20 – Claims, Disputes, and Arbitration
Clause 20 covers claims, disputes, and arbitration. It includes procedures for Contractor claims, appointing a Dispute Adjudication Board (DAB), handling disputes, amicable settlement, arbitration under ICC rules, and actions when a DAB decision is not complied with or absent.
FIDIC contracts – Introduction to the FIDIC Green Book 2021
This Practice Note is an introduction to the FIDIC Green Book 2021 (the Short Form of Contract). It is not a fully detailed clause-by-clause commentary. A LexisNexis article produced in partnership with Victoria Tyson of Howard Kennedy.
Jurisdiction, Admissibility and FIDIC
An issue that often arises in international arbitrations involving the FIDIC forms of contract is whether a claimant's failure to: (a) go through the dispute resolution provisions; or (b) comply with a time-bar clause gives rise to a question of admissibility or jurisdiction. Put another way, if a claimant has failed to issue a notice of claim within 28 days or failed to refer a dispute to a DAB, does the arbitral tribunal have jurisdiction to make an award on the merits or should the arbitral tribunal make an award stating that it lacks jurisdiction?
Covid-19 and FIDIC contracts – what protections and entitlements?
Covid-19 has had huge consequences around the world and unfortunately this looks set to continue. In this article we consider the protection and entitlements (for Force Majeure and otherwise) which may be available to parties under FIDIC contracts for the pandemic and its consequences. We focus on the 1999 forms but briefly consider differences in the 2017 forms. We also consider the role that applicable laws may play and what parties should be aware of going forward. Force Majeure under FIDIC 1999 Under the FIDIC 1999 forms of contract, if either Party is prevented from performance of its obligations by
Damages at Large: Triple Point, FIDIC and the TCC
Triple Point was a case heard in the English Court of Appeal in March 2019 concerning the operation of liquidated damages clauses in the event of termination of a bespoke form of software contract. Sir Rupert Jackson gave the leading judgment, suggesting that where the contractor fails to complete the project, general damages at common law may be a more logical remedy than liquidated damages up to the date of termination, with general damages thereafter. This was a major departure from construction industry practice and understanding. Triple Point was considered by Mrs Justice Cockerill DBE in the TCC. It was held
FIDIC’S Golden Principles – holding back the tide?
FIDIC is concerned about its image. It says that heavily amending the FIDIC forms of contract impacts upon the FIDIC brand and that this is damaging FIDIC’s reputation. It seeks to address this with the introduction of five Golden Principles. But the Golden Principles are merely aspirational; they are not binding and have no contractual effect. Does this render them a pointless gesture ‘trying to hold back the tide’?
Pay attention Bond!
The recent English case Sumitomo Mitsui Banking Corporation Europe Limited v Euler Hermes Europe SA (NV) [2019] EWHC 2250 (Comm) highlights that where an on demand bond is assigned and a demand then made under that bond, the beneficiary will need to be sure not only that the demand is compliant with the terms of the bond but also that the assignment was effective in the first place.
FIDIC’s Emerald Book – A contractor’s charter or optimum risk allocation?
Is FIDIC’s new Emerald Book overly contractor-biased or does it offer pragmatic risk allocation for underground works? This article compares its benefits and risk distribution with the unamended FIDIC Yellow Book, especially regarding employer risks in claim-prone areas.
Design Obligations in Design-Build Contracts – Recurring Issues
Standard form design and build contracts vary in contractor design obligations, requiring fitness for purpose or reasonable skill and care. Revisions can lead to unclear, contradictory obligations, causing recurring issues highlighted in recent cases, which Contractors and Employers should be aware of.
No EOT for Concurrent Delay, if so Agreed
Contract clauses that deny a contractor entitlement to an extension of time for concurrent delays caused by both employer and contractor are valid in principle. In North Midland Building Ltd -V- Cyden Homes Ltd [1] the Court of Appeal of England and Wales has ruled that such clauses do not offend the common law prevention principle. Nor do they give rise to an implied term to prohibit the imposition of delay damages that may result.
FIDIC contracts – What protection do they give contractors for employer financial problems?
In all construction contracts, one of the central principles is the Employer’s obligation to pay the contract price. The Contractor will be wary about the Employer’s financial standing and ability to pay and concerned to ensure that payments are made on time and that effective remedies are available in case of late or non-payment. The FIDIC standard forms of contract contain provisions dealing with these aspects.
Arbitration in a Post-Brexit World
This article considers what changes might occur for UK arbitration post-Brexit. Arbitration is excluded from EU law, and the New York Convention remains unaffected. Some believe arbitration might increase due to uncertainties in enforcing court judgments in Europe post-Brexit.
1999 Suite: Commentary on Clause 17 – Risk and Responsibility
Clause 17 covers risk and responsibility, indemnities, liability limitations, and intellectual property rights. The Contractor bears risk during execution and defect remedy periods, with risk transferring to the Employer upon issuing the Taking-Over Certificate. Risk allocation depends on governing law.
1999 Suite: Commentary on Clause 08 – Commencement, Delays, and Suspension
Clause 8 covers the start of works, time for completion, delays, extensions, and suspension of works. It includes provisions for commencement, completion, progress, delay damages, and suspension, with updates from the 4th Edition Red Book.
1999 Suite: Commentary on Clause 06 – Staff and Labour
Clause 6 covers Staff and Labour, requiring the Contractor to comply with local laws, pay fair wages, provide accommodation, ensure health and safety, and maintain proper records. It also restricts recruitment from the Employer’s personnel and mandates qualified supervision.