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FIDIC Contracts

White & Case LLP

Energy and infrastructure project risks around escalation

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In recent years, escalation, and price volatility, has re-emerged in the global economy. The impact on large energy and infrastructure projects will be significant: owners and contractors need to react and adapt....more

Mayer Brown

Legal Developments In Construction Law: January 2024

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Notice of adjudication – how important is that? Included in a number of jurisdictional challenges to an adjudication award was a claim that the notice of adjudication was defective, in not complying with the...more

BCLP

FIDIC Contracts - 110 Years - Conference Update

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The FIDIC International Users’ Conference took place on the 28 and 29 November in London and celebrated 110 years of the organisation. However, the conference was very much focussed on looking forward, as opposed to dwelling...more

Vinson & Elkins LLP

Jumping Through (Enforceable) Hoops: The Importance of Certainty in Multi-tier Dispute Resolution Clauses

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Contracts in the construction industry often include multi-tiered dispute resolution clauses. These are clauses which set out in an escalating sequence the stages of dispute avoidance and/or alternative dispute resolution...more

White & Case LLP

Important Changes to FIDIC’s Rainbow Suite

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In international construction contracts, few legal matters are more important than the definitions of "Claim" and "Dispute" or the procedure for the "Dispute Avoidance/Adjudication Board ("DAAB")". These are all the subject...more

King & Spalding

Dispute boards – a globally growing popularity, but limited use in the Middle East

King & Spalding on

Unsurprisingly, a volatile and disrupted economic climate will likely have a flow-on impact upon major infrastructure projects. For example, the COVID-19 pandemic continues to deeply disrupt economic activities globally,...more

King & Spalding

Mandatory human rights due diligence – what does it mean for companies in the international construction sector?

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A new wave of mandatory human rights due diligence legislation is coming into force across Europe. It goes far beyond existing reporting obligations, such as under the UK or Australia’s Modern Slavery Acts, and will require...more

White & Case LLP

Short Form Revamp: the 2021 FIDIC Green Book

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In December 2021, at the online International Contract Users Conference, the Fédération Internationale Des Ingénieurs-Conseils1 ("FIDIC") launched its Second Edition of the Conditions of the Short Form Contract (the "Green...more

White & Case LLP

Key considerations for project owners in the construction of design-led projects in Saudi Arabia

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A number of iconic, large-scale construction projects are currently in development as part of the Kingdom of Saudi Arabia's Vision 2030 − an ambitious strategic blueprint for the creation of a more diverse and sustainable...more

BCLP

FIDIC contracts - what’s new for 2022?

BCLP on

The title of my review of the last online FIDIC conference a year ago, FIDIC contracts - a preview of what is to come, now has a somewhat ominous ring to it as for the second year running the International Users’ Conference...more

King & Spalding

Supreme Court Clarifies the Position Under English Law on Recovery of Liquidated Damages in the Event of Termination

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Liquidated damages for delay and termination rights are standard and familiar components of construction contracts. However, very few contracts address how liquidated damages operate in the event of termination. The English...more

Vinson & Elkins LLP

Back To The Traditional Approach: Supreme Court Overturns Court Of Appeal Decision On Liquidated Damages In Triple Point

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The Supreme Court’s recent decision has restored the orthodox approach to interpreting liquidated damages clauses and has brought some certainty following the Court of Appeal’s judgment in 2019. It has also emphasised the...more

Akin Gump Strauss Hauer & Feld LLP

a Strict Approach in Singapore

FIDIC (“International Federation of Consulting Engineers”) Contracts do not exclude a right to time and money if the Employer or Engineer instructs a Variation only orally. The FIDIC Red Book for example at Clause 3.3 allows...more

Akin Gump Strauss Hauer & Feld LLP

A Strict Approach to Notices as a Condition Precedent to Entitlement: The Impact for Contract Drafters and International...

Maeda Corporation and China State Construction Engineering (Hong Kong) Limited v Bauer Hong Kong Limited handed down in the Hong Kong Court of Appeal has significantly elevated the fundamental importance of so-called...more

Hogan Lovells

Force majeure claims in future waves of COVID-19: four key actions

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As countries emerge from lockdown, talk turns to The Return of COVID-19. Here’s how to succeed in future force majeure claims and stop your projects from becoming what sounds like a second-rate horror movie....more

King & Spalding

Tokyo Dispute Resolution & Crisis Management Newsletter – June 2020: Coronavirus & Construction Contracts - Causation, Force...

King & Spalding on

Large construction projects, by their very nature, carry significant commercial and financial risk for the parties involved. Contributing to this overall risk is the reality that an act of nature or other circumstance beyond...more

Sheppard Mullin Richter & Hampton LLP

Practical Considerations under FIDIC Contracts in Light of COVID-19

The outbreak of the coronavirus has been an unprecedented event affecting every industry, including construction. To ensure their entitlement to an extension of time, costs, or even termination, parties to construction...more

White & Case LLP

Managing Contractual Performance in Times of Sanitary Crisis: The Spanish Law Perspective

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The unprecedented health crisis arising from the novel Coronavirus disease (“COVID-19”) and measures enacted by the Spanish Government to contain the spread, has in some cases affected contractual performance. The...more

Hogan Lovells

FIDIC COVID-19 Guidance Memorandum

Hogan Lovells on

The rapid spread of COVID-19 has disrupted global commerce, destabilized the world’s leading economies and affected businesses and projects across industries. The construction industry is no exception. COVID-19 has materially...more

Dechert LLP

Dispute Boards: Another Potential Means of Resolving COVID-19 Disputes

Dechert LLP on

COVID-19 has caused a widespread evaluation of how existing therapies could assist in treating this new pathogen. This OnPoint does something similar – though, of course, considerably less important. It examines how dispute...more

White & Case LLP

The FIDIC Yellow Book Subcontract: Opportunities in Asia?

White & Case LLP on

Late last year, the Fédération Internationale Des Ingénieurs-Conseils1 ("FIDIC") launched the First Edition Conditions of Subcontract for Plant and Design-Build (the "Yellow Book Subcontract"). The Yellow Book Subcontract is...more

White & Case LLP

How should the impact of the COVID-19 outbreak be managed on projects under FIDIC and NEC?

White & Case LLP on

The impact of COVID-19 has already had a profound impact on all business sectors globally, including the construction industry. Projects in many countries have been impacted by the outbreak, including as a result of labour...more

White & Case LLP

Shifting foundations: amendments to ground conditions clauses

White & Case LLP on

Amending standard forms of construction and engineering contracts to change the risk level between the parties is a perennial issue. This, however, can lead to disputes due to amendments not clearly reflecting the intention...more

White & Case LLP

Construction contracts: vesting of title to goods

White & Case LLP on

When does title to goods transfer from a contractor to an employer? This can be a critical issue, especially when a party to a project has become insolvent. A recent English case considered this issue, and the application of...more

White & Case LLP

Introduction to the FIDIC Suite of Contracts (Updated)

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

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