Cofely v Knowles – From Appointment to Disappointment
There have been two High Court cases within the last
BoQ Rates Neither ‘Immutable nor Sacrosanct’
The Hong Kong Court of Appeal now supports engineers requesting evidence of original tender build-up and disallowing loaded rates if substantial quantity differences justify it. This article explores that new guidance, which finds contract rates to be neither immutable nor sacrosanct.
1999 Suite: Commentary on Clause 04 – The Contractor
Clause 4 of the FIDIC Red Book 1999 consolidates various Contractor obligations, covering 24 topics. It includes general duties and references other significant obligations scattered throughout the Contract, such as communications, assignment, document care, compliance with laws, and time for completion.
2017 Suite: Commentary on Clause 05 – Design
Clause 5 changes include specifying designer qualifications, moving part of Sub-Clause 5.1 to 1.9, changing "approval" to "No-objection" in Sub-Clause 5.2, and introducing a new procedure for addressing design errors in Sub-Clause 5.8.
2017 Suite: Commentary on Clause 04 – The Contractor
Clause 4 changes include defining 'fitness for purpose' in Employer's Requirements, adjusting the Performance Security, handling communications by the Contractor's Representative, setting subcontracting limits, enhancing health and safety obligations, redefining unforeseeable conditions, and increasing Contractor risk for access routes.
Are ‘binding’ DAB decisions enforceable?
Opinions on enforcing 'binding' DAB decisions vary. Some arbitrators support enforcement, while others, including the Singapore Court of Appeal, oppose it. This article considers case law addressing both sides of the argument and the issues that they raise.
FIDIC’S procedures for the appointment of a DAB need improvement
If the parties to a FIDIC contract cannot agree on
‘Taking-Over’ in the FIDIC Red Book 1999: Common Problems
A Taking-Over Certificate in FIDIC contracts marks the handover date of Works to the Employer, who cannot use them until issued. Disputes arise in tough economies, with Employers delaying responsibility and Contractors eager to finish and reduce costs.
FIDIC Dispute Board Decisions: Late for a Very Important Date?
A FIDIC dispute board has just 84 days to give
FIDIC Green Book 2021 – Short and Simple?
As one of the drafters of the Green Book 1999,
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.
As simple as it seems? – an analysis of the prolongation costs clause in the FIDIC Green Book 2021
This article reflects on the introduction of an automatic contractual mechanism for calculating prolongation costs into the Green Book 2021 and will consider whether it will remove the expense of experts and lawyers from the process of claiming prolongation costs.
Risks in the Construction of Hydropower Projects: Unforeseen Ground Conditions under FIDIC
Hydropower projects rely heavily on ground conditions, which are often unpredictable despite pre-tender investigations. This article explores how FIDIC contracts, especially the Emerald Book 2019, address risk allocation and mitigation in underground construction projects.
Panther Pounces on Late Notice: Dubai court disagrees with Obrascon on time-bar under Sub-Clause 20.1 of FIDIC 1999
Contractors who fail to issue FIDIC 1999 Clause 20.1 notices on time risk losing claims. A DIFC Court of Appeal ruling reinterprets the 28-day notice period, challenging the Obrascon case and tightening requirements for timely contractor notifications under FIDIC contracts.
The Role of the FIDIC Observer in ICC Arbitrations on FIDIC contracts
The ICC informed a recent FIDIC Conference that draft awards
Be Nice to the Kid in the Corner: Brussels Cour de Cassation provides Charter for Overworked and/or lazy arbitrators
This article considers the court's decision and implications in a case where an ICC Arbitral Tribunal Chair admitted that his Administrative Secretary drafted significant parts of the award, which was appealed as an unlawful delegation of authority.
Soaring global construction costs under FIDIC: whose risk?
This article first appeared in IBA Construction Law International, Vol
FIDIC 2022 Reprints: 10 Key Areas Of Change In The FIDIC Red Book 2017
FIDIC ‘launched’ the FIDIC 2022 reprints at the FIDIC International Construction Users’ Conference 2022, in London. The reception to the changes was mixed – some embraced the clarity; others questioned the significance and cost. This article draws your attention to 10 of the key areas of change in respect of the FIDIC Red Book 2017 including the definition of Claim, matters to be agreed or determined, the definition of Dispute and Exceptional Events.
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.