Bridging the green – is FIDIC moving forward sustainably in 2025?
Introduction There is an intensifying need (we say rightly) for
International Construction Brochure
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FIDIC Seminars – Claims
We provide core training on all aspects of FIDIC and have set out the core sessions available on FIDIC Claims within.
FIDIC Seminars – Contracts
We provide core training on all aspects of FIDIC and have set out the core sessions available on FIDIC Contracts within.
Green Book Commentaries (Coming Soon)
We are pleased to inform you that a series of
The Engineer under FIDIC forms of contract: Real-life questions
The 'Engineer' under the FIDIC forms of contract has long
New Arbitration and Mediation Guidelines for Indian Public Procurement Contracts
The Government of India has recently introduced important guidelines for
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.
No Notice, No Claim? Conditions Precedent in FIDIC Contracts
How do you establish whether a notice provision is really
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.
No Oral Modification Clauses Mean What They Say
Will an oral agreement override a written one that expressly
The Highest UK Court Reviews the Law on Penalties
A penalty is now to be regarded as: “a secondary
The Problem with Enforcing Arbitration Awards that have been Annulled
The purpose of the 1958 New York Convention is to
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.
FIDIC Sub-Clause 20.5 – A Condition Precedent to Arbitration
The 1999 FIDIC forms of contract contain a number of
FIDIC Silver Book – Payments Due Shall Not Be Withheld… Really?
There is a substantial difference between the payment provisions of
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).
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.
2017 Suite: Commentary on Clause 13 – Variations and Adjustments
Clause 13 clarifies the Engineer’s power to vary, allowing contractors to object to unforeseeable variations. Significant limitations include objections for health, safety, and environmental impacts. Variations must align with Employer’s Requirements, and supplemental agreements may be needed for significant changes.