Changing Tack

A contract may require a party giving notice of a claim to specify the contractual or legal basis of that claim in the notice (or the supporting particulars). What if that party states a contractual or legal basis for the claim but later (perhaps with the benefit of additional information or because of advice from its lawyers) changes its mind or wants to include further contractual or legal bases? This was considered by the Hong Kong Court of Appeal in Maeda Corporation and China State Construction Engineering (Hong Kong) Limited v Bauer Hong Kong Limited [2020] HKCA 830. It found that a subcontractor could not change the contractual basis for its claim once the time period for providing such notice had expired. What, if any, impact will this decision have on the FIDIC forms of contract?

By |07/05/2021|Arbitration, featured, Knowledge Hub|Comments Off on Changing Tack

1999 Suite: Commentary on Clause 03 – The Engineer

Clause 3 outlines the Engineer's duties and obligations, including acting for the Employer, delegating authority (but not Determinations), issuing instructions, and handling Variations. It also covers Engineer replacement and making fair Determinations after consulting both Parties.

By |26/09/2018|Commentaries on the 1999 Suite, Dispute Boards, featured, Knowledge Hub|Comments Off on 1999 Suite: Commentary on Clause 03 – The Engineer

2017 Suite: Commentary on Clause 21 – Disputes and Arbitration

Clause 21 introduces a standing Dispute Avoidance/Adjudication Board (DAAB) instead of an ad-hoc DAB. The DAAB is appointed at the outset, assists in dispute avoidance, and its decisions are binding. The amicable settlement period is reduced to 28 days.

By |27/01/2018|Commentaries on the 2017 Suite, Dispute Boards, Knowledge Hub|Comments Off on 2017 Suite: Commentary on Clause 21 – Disputes and Arbitration
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