FIDIC Yellow Book Archives

The Employer’s Agent

The Employer’s Agent

The Engineer is deemed to act for the Employer and is essentially the Employer’s agent under the FIDIC Red Book 1999. He is not a wholly impartial intermediary, unless such a role is specified in the Particular Conditions, and there is no general obligation under the FIDIC Red Book 1999 for the Engineer to act independently or impartially. However, when he is required to make a determination under Sub-Clause 3.5, he is obliged to make it a fair determination and when he is obliged to issue an Interim Payment Certificate under Sub-Clause 14.6, or a Final Payment Certificate under Sub-Clause 14.13, he must fairly determine the amount due.

By Victoria Tyson|February 8th, 2017|featured, Knowledge Hub|Comments Off

The Courtesy Trap – FIDIC’s Sub-Clause 20.5 – Amicable Settlement and Emirates Trading

The Courtesy Trap – FIDIC’s Sub-Clause 20.5 – Amicable Settlement and Emirates Trading

In this article Corbett & Co. Director Andrew Tweeddale addresses whether sub-clause 20.5 is a condition precedent to the commencement of an arbitration or whether it is an obligation, the breach of which will not affect the jurisdiction of the arbitral tribunal to resolve the dispute.

By Andrew Tweeddale|August 11th, 2016|Arbitration, Knowledge Hub|Comments Off

Knowledge Hub – externally published articles

Knowledge Hub – externally published articles

Articles on Arbitration The Need For Reasons - O, Reason

By Corbett Lawyers|December 9th, 2015|Arbitration, Dispute Boards, English Law, Knowledge Hub|Comments Off

FIDIC’S procedures for the appointment of a DAB need improvement

FIDIC’S procedures for the appointment of a DAB need improvement

If the parties to a FIDIC contract cannot agree on a suitable DAB member and they have selected FIDIC as their appointing entity, they may request FIDIC to appoint that DAB member. FIDIC’s present procedures however seem less than ideal. They increase the prospect of rejection of the candidate nominated by FIDIC in the first instance and so also the need to repeat the exercise. They could also result in an appointment unacceptable to one or both parties. In my view they need to be revised.

By Steve Mangan|September 14th, 2015|Dispute Boards, Knowledge Hub|Comments Off

Release from Performance – FIDIC’s Clause 19.7 and Other Remedies

Release from Performance – FIDIC’s Clause 19.7 and Other Remedies

Is not uncommon to find that an employer attempts to pass almost all risk in a contract to the contractor. However, such an approach may have unforeseen consequences when events later make completion of the works impossible. Here Andrew Tweeddale considers how and when a contractor might be released from further performance.

By Andrew Tweeddale|September 4th, 2015|Knowledge Hub|Comments Off

Time’s up for FIDIC’s Pink Book?

Time’s up for FIDIC’s Pink Book?

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.