Claims are common in construction projects, but success depends on effective management and preventing disputes. Claims may arise from contract terms or breaches, while governing law affects interpretation and remedies. This article shows how FIDIC forms guide resolution, highlighting key differences between 1999 and 2017 editions.
Jo Clarke, in a webinar hosted by MBL Seminars, gives an introduction to international arbitration when used to resolve international construction and engineering disputes. It will include practical and tactical perspectives.
This article first appeared in IBA Construction Law International, Vol
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.
In March 2020, FIDIC launched FIDIC Credentialing Ltd (FCL) to certify industry professionals. Though seen by some as overambitious, it aims to address real issues with FIDIC forms. This article examines one programme's potential to solve these problems.
Page Corrigenda 146 For provisions referring to sub-clause 3.7, see
Covid-19 has had huge consequences around the world and unfortunately
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.
In this article Corbett & Co. Director Andrew Tweeddale addresses whether sub-clause 20.5 is a condition precedent to the commencement of an arbitration or whether it is an obligation, the breach of which will not affect the jurisdiction of the arbitral tribunal to resolve the dispute.
In July of this year, the Society of Construction Law (SCL) published Rider 1 (“the Rider”) of its 2002 Delay and Disruption Protocol (“the Protocol”). The Rider’s Preamble lists a series of amendments to the Protocol intended to serve as an update reflecting (a) legal and industry practice developments, (b) feedback, (c) technological developments, (d) increase in scale of larger projects, and (e) international use of the Protocol. The Rider is intended to serve as the first part of the amendments to the Protocol, the totality of which should feature in a consolidated and updated version of the Protocol later this year.[1]
Read the full article here.
As disputes under the FIDIC forms of contract are normally resolved in private Dispute Adjudication Board (“DAB”) proceedings or confidential arbitration proceedings, reported FIDIC cases are rare and often of considerable precdential value either formally or informally. In this article, originally published in The International Construction Law Review, Victoria Tyson considers one such recent decision which was transferred from the Gibraltar courts.
The English Court considers termination and notice provisions under the FIDIC Yellow Book 1999. How are clause 15.1 notices to correct limited? Do termination events have to be repudiations? Is it fatal to serve notice of termination on the ’wrong’ address? When does the 28-day period under clause 20.1 start to run? Mr Justice Akenhead offers guidance to the industry.
Published in International Arbitration Law Review This article is divided
A previous article proposed that difficult questions arose from recent
