Rumour reaches us that the Multilateral Development Banks (MDBs) behind the Pink Book, FIDIC’s harmonised version of the 1999 Red Book, will discontinue the experiment. Should we be sorry to see the back of the Pink Book? We think not.
What is the point of a variations clause? It is
If there is no DAB appointed by the parties to a FIDIC 1999 contract, may disputes be referred directly to arbitration under clause 20.8? This issue has troubled many in the industry – and has now been considered in English and Swiss courts.
There is a substantial difference between the payment provisions of the FIDIC 1999 Red and Yellow Books compared with the Silver Book. This article explores how a court in Queensland (Australia) has dealt with the Silver Book’s provision. Contractors have good cause to be wary.
A contractor who has loaded a tender BoQ rate in the expectation of a windfall will be interested to learn that recent guidance from the Hong Kong Court of Appeal supports the engineer’s request for evidence of the original tender build up and, among other things, will disallow all loading if substantial differences in actual quantities would make it reasonable to do so under the contract. This article explores that new guidance which finds contract rates to be neither immutable nor sacrosanct in such circumstances.
We are a leading construction law company specialising in the avoidance and resolution of international construction and engineering disputes, with particular expertise in the FIDIC forms of contract.
Founded and run by Corbett & Co., Cornerstone Seminars addresses the FIDIC international standard forms of contracts.
Corbett & Co International Construction Lawyers Ltd is a limited liability company registered in England and Wales with registered Company No: 6306227. It is authorised and regulated by the Solicitors Regulation Authority (SRA No. 471935). All references on this website to “Corbett & Co.”, or “the company”, should be read as referring to Corbett & Co International Construction Lawyers Ltd. A list of the directors and their qualifications is available under the heading “Our Team” or on request.
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