Variations Claims Under FIDIC: No Notice, No Payment? Lessons from UBC v WASA [2026] UKPC 2

By |01/06/2026|

Are the financial effects of a Variation subject to a Sub-Clause 20.1 [Contractor's Claims] procedure? The Privy Council’s decision in Uniform Building Contractors Ltd v The Water and Sewerage Authority of Trinidad and Tobago [2026] UKPC 2[1] has reignited debate on one of the most contentious issues in FIDIC contracts: whether entitlement to additional money for variations depends on strict compliance with the claims procedure in Sub-Clause 20.1. The judgment delivers a stark message: under FIDIC Yellow Book lump-sum design and build contracts, variations with financial implications require a Sub-Clause 20.1 notice. Without it, even strong claims will fail, however

Zeroing In: FIDIC’s Carbon Management Guide

By |01/06/2026|

Sustainability has long been a headline ambition in infrastructure projects, but one that has often struggled to translate into enforceable obligations. FIDIC has responded to this challenge with the publication of its Carbon Management Guide (CM Guide) together with its Carbon Emissions Management (CEM) Guidance (CEM Guidance), launched in December 2025[1]. Building on and together with earlier carbon publications (including the Climate Change Charter[2] and the Carbon Management Framework[3]), collectively described by FIDIC as its unified carbon management ecosystem, these documents are intended to bridge the gap between global climate commitments and their practical implementation at project level[4]. Summary overview First things first:

Retention in FIDIC contracts: Is it time for a rethink?

By |01/06/2026|

In March 2026, the UK Government announced ambitious plans to prohibit the deduction and withholding of retention payments in construction contracts, as part of a wider push to tackle late payment and improve cashflow through the supply chain.[1] While this is still subject to consultation and implementation detail, the direction of travel is clear. For those using FIDIC forms of contract on international projects, this is a useful prompt to step back and ask a basic question: do we need retention, or are there better ways to achieve the same purpose? Retention in the FIDIC forms of contract The FIDIC

The Prevention Principle and Notice Provisions in FIDIC Contracts: A Recap

By |16/12/2025|

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.

Design risk under FIDIC contracts: Navigating responsibilities and liabilities

By |15/12/2025|

Introduction The allocation of design risk is an important consideration for parties to construction contracts. Misunderstanding or misallocation of design risk can lead to significant time and cost overruns and ultimately to expensive disputes. This article explores how design risk is allocated under the FIDIC forms of contract and suggests practical strategies by which parties may mitigate design risk. What is design risk and why is its allocation important? Design risk refers to the responsibility for, and potential liability associated with the adequacy, accuracy, and completeness of the design for the works. It is about which party bears the consequences

Developments in Collaborative Contracting

By |15/12/2025|

Introduction The construction market is increasingly seeking out new ways to collaborate, to enable the participants to increase value and quality across projects. There are a variety of contract options designed to meet the needs of the contracting parties including the PPC2000 Project Partnering Contract 2000, the NEC4 Alliance Contract, TAC-1 Term Alliance Contract, and the FAC-1 Framework Alliance Contract. FIDIC[1] are developing their own form of collaborative contract which is due to be released in 2026. What is Collaboration? Professor Mosey D. (2021) has described collaborative contracting as: "… a set of processes and relationships through which teams can

India is Building Bridges: Cross-Border Collaboration on Construction Disputes

By |15/12/2025|

India is cautiously opening its doors to global expertise. The Bar Council of India has announced amendments that allow foreign lawyers and law firms to practice in India within the prescribed scope. These changes have significant implications for international arbitration in the construction sector, where disputes often involve complex contracts and parties from different jurisdictions. Introduction In May 2025, the Bar Council of India enforced amendments[1] to its rules that allow foreign lawyers to represent clients in India within areas of foreign law, international law, and international arbitration matters; a development welcomed by the Law Society of England and Wales

CONCLUDED: The 2026 Spring Series of FIDIC Contracts Seminars

By |12/11/2025|

Following the success of its Autumn 2025 series, Howard Kennedy’s International Construction team completed its first Spring 2026 online FIDIC seminars with Cornerstone Seminars, receiving excellent feedback for clear, practical, and engaging sessions that enhanced attendees’ understanding, skills, and day to day professional capabilities.

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