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Construction Industry Construction Contracts FIDIC Contracts

Vinson & Elkins LLP

When You Walk Through a Storm: Legal Implications of Adverse Weather on Construction Contracts

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The recent extreme weather events in the UAE, characterised by unprecedented rain and flooding, serve as a stark reminder of the broader implications such severe weather can have on construction projects. We explore these...more

Vinson & Elkins LLP

Avoiding Performance Security Pitfalls with the FIDIC Silver Book

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In this article for Construction News, Louise Woods, Ciara Ros, and Lauren-Emma Parrott look at the FIDIC Silver standard form contract, and the key issues to consider in respect of bonds and guarantees when entering into, or...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

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?

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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

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...

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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

The FIDIC Yellow Book Subcontract: Opportunities in Asia?

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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?

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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

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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

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

White & Case LLP

Allocation of Risk in Construction Contracts (Updated)

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

White & Case LLP

Subcontracting without consent – when performance gets personal

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Restrictions on a contractor's rights to subcontract works are common across industry forms of contract, and breach of these provisions can have significant consequences for a contractor. In a recent Australian case, the...more

Akin Gump Strauss Hauer & Feld LLP

The English Court of Appeal applies 'but for' test to "Force Majeure Clause" – FIDIC’s "Exceptional Events" now under threat?

International Construction Arbitration has received a shock. Consistent with the leading textbooks, a party seeking to rely on force majeure in a construction contract did not have to show that ‘but for’ the force majeure...more

Akin Gump Strauss Hauer & Feld LLP

FIDIC Issues “Emerald Book” for Underground Works

International construction arbitration welcomes FIDIC's latest standard form contract: the “Emerald Book”. Known more formally as Conditions of Contract for Underground Works the contract is designed to address issues that...more

Troutman Pepper

GAR Know-How Construction Arbitration - United States

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Legal System - 1. Is your jurisdiction primarily a common law, civil law, customary law or theocratic law jurisdiction? Are the laws substantially derived from the laws of another jurisdiction and, if so, which? What...more

Akin Gump Strauss Hauer & Feld LLP

The Court of Appeal in England & Wales Curtails Use of Liquidated Damages for Delay

In international construction arbitration, the use of liquidated damages to address the consequences of failure by a contractor to finish the works by the date set for completion is widespread. Typically, the contractor...more

BCLP

Time bars under FIDIC 2017 – are more notices the answer?

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Construction and engineering contracts often contain provisions specifying that, within a particular time, one party (traditionally the contractor) must notify the other (the employer and/or the contract administrator) of a...more

Jones Day

FIDIC Updates its Rainbow Suite of Contracts

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Background: Fédération Internationale Des Ingénieurs-Conseils ("FIDIC")'s Red (Construction), Yellow (Plant and Design and Build) and Silver (EPC) Books ("Rainbow Suite of Contracts") are widely used on major construction and...more

K&L Gates LLP

Spring 2017 In Site

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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

King & Spalding

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

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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

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