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Contract issues

"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.