In the first part of a two-part paper addressing the dispute resolution provisions in the 2017 FIDIC Contracts, Robbie McCrea sets out the key provisions of the new dispute resolution mechanism and assesses these against the 1999 Contracts.
Articles - Contract issues archive
"The 2017 FIDIC dispute resolution procedure: Part 1 - the new dispute resolution mechanism"
Click to download PDF"The 2017 FIDIC dispute resolution procedure: Part 2 – are Dispute Adjudication Boards worthwhile: benefits, problems, and advice on FIDIC’s security-of-payment regime"
Robbie McCrea addresses the merits of including a DAAB, and Engineer’s determinations (the “other Party” under the Silver Book) in their new form, as a pre-condition to arbitration.
"The New 2017 FIDIC Red, Yellow and Silver Books"
This presentation by Nicholas Gould, Partner, delivered to the Society of Construction Law (Gulf) in Dubai, focused on the new FIDIC releases.
"Adjudication Board"
Simon Tolson, Senior Partner, discusses the key characteristics of an effective Adjudicator including attributes and skills and ANB Evaluation Processes from TeCSA point of view.
"Adjudication costs: the law of diminishing returns?"
Claire King’s Insight Article on Adjudication Costs has now been published by the Institute of Civil Engineers in their publication Construction Law Quarterly (Management, Procurement and Law, Volume 170 Issue MP2). The article examines the various, and ever more inventive, arguments that parties have sought to raise in an attempt to recover their adjudication costs in recent years.
"Termination of contracts - a Middle East perspective"
This paper considers the topic of Suspension and Termination and covers the general principles of termination; the right to terminate or claim damages or both; common law termination or repudiation; contractual termination clauses; suspension; contractual procedures for termination and suspension (FIDIC, ICE, NEC, JCT); and entitlement to damages and costs arising from termination.
"An Overview of the CIArb Dispute Board Rules"
This paper seeks to trace briefly the development of dispute board rules and outline some of the key issues in relation to the rules that might be commonly encountered.
"Sub-Clause 20.1 – the FIDIC Time Bar under Common and Civil Law"
This paper by Jeremy Glover explores the key features of sub-clause 20.1 of the FIDIC form.
"FIDIC Dispute Adjudication Boards"
Out of all of the provisions to be found in the FIDIC form, the provisions of Clause 20 have attracted, by far, the most comment. Jeremy Glover discusses one of the potential hurdles that need to be overcome with Clause 20 which is the appointment of the DAB itself. Jeremy also discusses two recent decisions which address the issues of Clause 20.
"NEC Contracts: Programming, project management and pricing – have they stood the test of time?"
January 2015
This paper by Nicholas Gould introduces the NEC generally before focusing on most of the distinctive aspects of NEC3: project management; programming, pricing; compensation events and the time bar; assessing compensation and disputes, as well as touching briefly on the Latham Report.