Contract issues

Drafting Exclusion Clauses: Say what you mean

Huw Wilkins, Senior Associate explores the rules that apply to exclusion clauses and lessons to learn when drafting them.

Why Applications for Payment really do have to be correct …

In this article Fenwick Elliott Partner, Jon Miller reviews a recent High Court case which has highlighted why applications for payments really do need to be correct.

"TeCSA Low Value Dispute Adjudication Service (LVDs)"

Simon Tolson, Honorary President of TeCSA discusses the launch of a six month Low Value Dispute pilot, to be trialed by the TeCSA Committee.

"Some thoughts on how the 2017 FIDIC contract deals with time"

This short paper looks at how the FIDIC form deals with time and includes an Appendix detailing the changes made to clause 8, the primary clause which deals with time or “Commencement, Delays and Suspension” from the original 1999 contact.

"The 2017 FIDIC dispute resolution procedure: Part 1 - the new dispute resolution mechanism"

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.

"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.