News & Analysis as of

FIDIC Contracts

Allocation of Risk in Construction Contracts

by White & Case LLP on

Risk in construction contracts - ‘Risk’, in a project delivery context, can be defined as ‘an event or set of circumstances that,should it occur, will have an effect on the achievement of the project’s objectives’. Risk...more

Introduction to the FIDIC Suite of Contracts

by White & Case LLP on

The history of the FIDIC suite - Fédération Internationale Des Ingénieurs-Conseils1 (FIDIC) was founded in Belgium in 1913. Since then, it has become the foremost representative body for the world’s consulting engineers,...more

"On demand" performance bonds: no strings attached?

by White & Case LLP on

A recent Australian case decided that a claim used as a basis for encashing an "on demand" performance security did not need to be authoritatively determined first....more

CAR Insurance: Insuring the Works vs Insuring the Owner's Property

by White & Case LLP on

For the purposes of insuring construction and engineering projects, there is a critical and sometimes overlooked distinction between insuring the works carried out under the contract, and insuring the underlying property of...more

Descoping of works: what is the employer entitled to do?

by White & Case LLP on

Financial constraints mean that employers are often looking to descope works from major projects. But how feasible is this? A recent case highlights the potential implications for employers who attempt to descope works...more

The new FIDIC White Book for Consultancy Services

by White & Case LLP on

FIDIC has recently published the 5th Edition of its Client/Consultant Model Services Agreement (the White Book). The White Book is an important part of the FIDIC suite and is one of the most widely used forms of professional...more

Termination for convenience: What is the contractor entitled to?

by White & Case LLP on

Construction contracts often include termination for convenience clauses. Three recent cases highlight the potential financial implications of terminating for convenience....more

Spring 2017 In Site

by K&L Gates LLP on

Welcome to the Spring edition of “In Site”. This edition provides an update on the recent amendments to the JCT and FIDIC standard forms of contract and considers the new SCL Delay and Disruption Protocol. We also...more

Dispute Adjudication Boards: Are they the future of dispute resolution?

by White & Case LLP on

Contractors who are working in international markets will almost certainly have encountered the Dispute Adjudication Board ("DAB") contained in each of the FIDIC Red, Yellow, Silver and Gold Books. However, they may be left...more

Lump Sum Contracts: Not always certain?

by White & Case LLP on

"Lump sum fixed price" is a well-established method of construction contracting in the Middle East and many other regions of the world. Its selling point is price certainty. However, as two recent cases highlight, defining a...more

Tokyo Dispute Resolution and Crisis Management Newsletter - June 2016

by King & Spalding on

Dispute-Management - Best Practices in Construction Projects - Introduction - What do you do when an unforeseen event threatens to increase the costs or time necessary to complete a major construction project?...more

Energy Newsletter - June 2016

by King & Spalding on

Oil and Gas Unitization: Specific Considerations for Cross-Border Unitization - Setting the Scene - There are more than twenty bilateral unitization Treaties and Joint Development Agreements (JDAs) in place today...more

Amending FIDIC Provisions on Delay Liquidated Damages: a Case Note on J Murphy & Sons Ltd v Beckton Energy Ltd [2016] EWHC 607...

by King & Spalding on

The perfect construction project is completed on time, on budget, and in accordance with the Employer’s specification and/or performance requirements. In reality, delays frequently occur and with such delay the potential for...more

Energy Newsletter - February 2016

by King & Spalding on

Middle East PPP Policy Developments: Kuwait and Dubai - Introduction - In a climate of falling oil prices and tightening government budgets, several states in the Gulf Cooperation Council region (GCC) are looking...more

Financial information and set-off requirements under the FIDIC Red Book

by King & Spalding on

The Privy Council’s recent judgment in NH International (Caribbean) Limited v National Insurance Property Development Company Limited (Trinidad and Tobago) provides a rare example of a common law court interpreting specific...more

Prepare the ground for effective contract administration: the UK’s Privy Council looks at termination risks and the employer’s...

by Reed Smith on

Introductory remarks - The UK’s Privy Council recently considered the interpretation of two clauses in the FIDIC Red Book 1999, concerning the obligations of an employer to evidence financial arrangements and to notify...more

Letters of the Law: 'O' is for Omission

by DLA Piper on

Most contractors would not argue with the scope of their work being increased (provided they are to be paid for the increase) but they might not be so pleased if the scope is reduced and the employer seeks to pay them less....more

Letters of the Law: 'I' is for Indemnity

by DLA Piper on

A to Z of Construction Law in Qatar Series - Standard form construction contracts contain indemnities. For example, the FIDIC standard forms of contract contain indemnities in relation to loss arising from death,...more

Obrascon Huarte Lain SA v Her Majesty's Attorney General for Gibraltar: A rare look at the FIDIC form of contract

by King & Spalding on

Introduction - Mr Justice Akenhead's judgment in the case of Obrascon Huarte Lain SA v Her Majesty's Attorney General for Gibraltar[2014] EWHC 1028 (TCC) provides judicial guidance on the interpretation of certain key...more

Doosan v MABE: English Court Injuncts Owner from Calling Performance Bond When Owner Has Failed To Issue a Taking-Over Certificate...

by Reed Smith on

It is quite rare to see a Court hand down a judgment in relation to a FIDIC-based contract. The reason is that most FIDIC-based contracts contain an arbitration agreement resulting in disputes being resolved privately and...more

New FIDIC Guidance: Should a party to a FIDIC contract be able to enforce a ‘binding’ DAB decision before the decision has become...

by Reed Smith on

On 1 April 2013, FIDIC issued guidance on how to deal with a contracting party who has failed to comply with a ‘binding’ decision of a Dispute Adjudication Board - The standard FIDIC form of contract contains a tiered...more

The NEC3 Engineering and Construction Contract: A Comparative Analysis – Part 1

by Reed Smith on

The Engineering and Construction Contract (NEC3) and FIDIC Conditions of Contract for EPC/Turnkey Projects (FIDIC Silver) are both popular standard forms of engineering and construction contract, used on a variety of projects...more

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