Knowledge Hub

Welcome to the Knowledge Hub – in the articles to be found here, we cover developments that we feel are relevant to the businesses of our many clients and colleagues.  We do hope you find them of interest and welcome your feedback. Please use the search form on this page to search the archive for more articles.

Cherry Picking FIDIC 2017Article by Edward Corbett 

Much has been said about the new Red, Yellow and Silver Books 2nd Editions launched by FIDIC in December last year. The most obvious comment has been about their size, almost 50,000 words, which is some 60% longer than the 1999 forms.

Although the 1999 forms were not perfect, most regular users seem to be agreed that they did not need 20,000 words to fix the issues. This consensus led this author to attempt to cherry-pick the good bits from the 2017 forms and to propose amendments to add the good ideas to the 1999 forms. The amendments apply to all three forms unless it is indicated otherwise.  Read Full Article

Fitness for Purpose Højgaard and FIDIC’s Yellow Books – Article by Andrew Tweeddale

MT Højgaard AS v E.ON Climate and Renewables UK Robin Rigg East Ltd & Anor is an important English case because it considered a fitness for purpose obligation in a design and build contract. In FIDIC’s Yellow Book contracts (1999 and 2017) there are also fitness for purpose obligations.  This article examines the Supreme Court’s analysis of a fitness for purpose obligation in the Højgaard case and whether it would be applied to FIDIC’s Yellow Book contracts.  Read Full Article

Variation Provisions in the FIDIC Yellow Book 2017- Article by Roger Button

The purpose of this article is to look in more detail at the provisions dealing with Variations, these being amongst the most frequently scrutinised in practice. Read Full Article

Unintended Consequences of the FIDIC 2017 Clause 20.1 Claims Classification System – Article by Gabriel Mulero Clas

FIDIC’s 2017 editions introduced a new Claims management system in clause 20 that channels Claims through two very different procedures. One of them is very simple and involves almost no risk whereas the other will require investment of significant project resources, will take the parties a considerable amount of time to resolve and carries fatal consequences if not followed properly. It has therefore become a priority for anyone handling this Claims management system to understand how clause 20.1 sorts the different types of Claims and to recognise that the classification scheme is not as straightforward as the wording of the Contract suggests, as explored in this article. Read Full Article


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1. FIDIC 1999 Books - Commentary on Clause 14

Written by Victoria Tyson | 26/09/2018

Click through to read Corbett & Co's helpful commentary on FIDIC Red Book 1999 book - Clause 14...

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2. FIDIC 1999 Books - Commentary on Clause 3

Written by Victoria Tyson | 26/09/2018

Click through to read Corbett & Co's helpful commentary on FIDIC 1999 book Clause 3..

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3. FIDIC 1999 Upgrade Launched

Written by Corbett Lawyers | 17/07/2018

Corbett & Co has published its selection of the best bits of the FIDIC 2017 2nd Editions adapted for use with the 1999 forms. With many people put off by the 50,000+ words of the new editions, the FIDIC 1999 Upgrade will permit users to benefit from FIDIC’s new ideas and improvements. ..

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4. FIDIC 2017 - Corbett & Co's Guide to the Main Changes

Written by Corbett Lawyers | 23/01/2018

In December 2017, FIDIC launched its long-awaited 2nd Editions of the Red, Yellow and Silver Books. In these articles, the FIDIC specialists at Corbett & Co identify and comment on the main changes in the new Yellow Book.....New vocabulary that users will have to learn include definitions of Notice, Claim and Dispute as well as Notice of No-objection and Review......

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5. FIDIC 2017 – First Impressions of the 3-Kilo Suite

Written by Edward Corbett | 13/12/2017

In London last week, FIDIC launched its Second Editions of the Red, Yellow and Silver Books. They are big, weighing in at almost a kilo each. The general conditions cover 106 pages with more than 50,000 words, over 50% longer than the 1999 forms. Many improvements have been made, addressing issues that have emerged since 1999. Fans of Dispute Boards will be pleased to see that all three books now have standing boards with more emphasis on dispute avoidance; and that appointment of DB members and enforcement of their decisions have been made easier. Disputes and Arbitration are now dealt with in a separate chapter 21. Here are the most interesting changes to the Yellow Book...

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6. FIDIC 1999 Books - Commentary on Clause 19

Written by Andrew Tweeddale | 28/09/2017

Click through to read Corbett & Co's helpful commentary on FIDIC 1999 book Clause 19..

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7. All Damage Is In A Sense Consequential – So What In Law Are Consequential Losses?

Written by Andrew Tweeddale | 03/08/2017

Sub-Clause 17.6 of FIDIC’s Red, Yellow and Silver Book is an exemption clause and provides in the opening paragraph that: “Neither Party shall be liable to the other Party for loss of use of any Works, loss of profit, loss of any contract or for any indirect or consequential loss or damage which may be suffered by the other Party in connection with the Contract…” The phrase ‘indirect or consequential loss or damage’ has been examined by the English courts on numerous occasions. Historically the words ‘consequential loss’ were held to be synonymous with ‘indirect loss’. However, a recent case questions whether this will be correct in all cases. ..

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8. Mistake In English Law: Two Recent Cases

Written by Joanne Clarke | 03/08/2017

English law recognises different types of mistake and permits various equitable remedies in case of mistake, as illustrated by the two English court decisions examined in this article...

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9. Pink Or Blue – How Strict Are The Notice Requirements?

Written by Sara Ehsani | 03/08/2017

It is fair to say that a great number of disputes address the issue of notices ranging from notices for extension of time, to termination notices and notices of dissatisfaction. One of the crucial issues that is often in dispute is the compliance with the requirements set forth by the contract and hence the validity of a notice...

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The content of the Knowledge Hub is not legal advice. You should always consult a suitably qualified lawyer regarding a particular legal issue or problem that you have. Please contact us if you require legal assistance.
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