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.
Introduction There is an intensifying need (we say rightly) for
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We provide core training on all aspects of FIDIC and have set out the core sessions available on FIDIC Claims within.
We provide core training on all aspects of FIDIC and have set out the core sessions available on FIDIC Contracts within.
We are pleased to inform you that a series of
The 'Engineer' under the FIDIC forms of contract has long
The Government of India has recently introduced important guidelines for
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.
How do you establish whether a notice provision is really
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.
Will an oral agreement override a written one that expressly
A penalty is now to be regarded as: “a secondary
The purpose of the 1958 New York Convention is to
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.
The 1999 FIDIC forms of contract contain a number of
There is a substantial difference between the payment provisions of
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).
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.
