+ 44 (0)20 8614 6200
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+ 44 (0)20 8614 6200
info@corbett.co.uk
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FIDIC
Knowledge Hub
+ 44 (0)20 8614 6200
info@corbett.co.uk

Murphy’s Law

Earlier this year, the English High Court considered a heavily amended FIDIC Yellow Book 1999. Whilst the case is specific to the particular contractual amendments it is worth review. The case is J Murphy & Sons Ltd v Beckton Energy Ltd. It proceeded in court and on an expedited basis as a matter of some urgency because a bond was about to be called for non-payment of delay damages. The Contractor claimed the call would affect his commercial reputation, standing and creditworthiness, and may well need to be disclosed in future tenders. He had not paid the delay damages because there had been no agreement or determination of the entitlement to such by the Engineer under Sub-Clauses 2.5 and 3.5.

By |October 3rd, 2016|Bonds, Delay, English Law, Knowledge Hub|Comments Off on Murphy’s Law

Can a party ignore FIDIC’s DAB process and refer its dispute directly to arbitration?

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.

By |November 17th, 2014|Adjudication / Dispute Boards / ADR, Dispute Boards, Knowledge Hub|Comments Off on Can a party ignore FIDIC’s DAB process and refer its dispute directly to arbitration?

FIDIC’s Silver Book – Payments due shall not be withheld … really?

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.

By |November 14th, 2014|Knowledge Hub|Comments Off on FIDIC’s Silver Book – Payments due shall not be withheld … really?

Light at the end of the tunnel? Gibraltar dispute reviews key FIDIC Yellow Book provisions

As disputes under the FIDIC forms of contract are normally resolved in private Dispute Adjudication Board (“DAB”) proceedings or confidential arbitration proceedings, reported FIDIC cases are rare and often of considerable precdential value either formally or informally. In this article, originally published in The International Construction Law Review, Corbett & Co. Director Victoria Tyson considers one such recent decision which was transferred from the Gibraltar courts.

By |September 14th, 2014|Arbitration, Dispute Boards, Knowledge Hub|Comments Off on Light at the end of the tunnel? Gibraltar dispute reviews key FIDIC Yellow Book provisions

Tunnel Vision: The English High Court Considers the FIDIC Yellow Book

The English Court considers termination and notice provisions under the FIDIC Yellow Book 1999. How are clause 15.1 notices to correct limited? Do termination events have to be repudiations? Is it fatal to serve notice of termination on the ’wrong’ address? When does the 28-day period under clause 20.1 start to run? Mr Justice Akenhead offers guidance to the industry.

By |September 1st, 2014|English Law, Knowledge Hub, Litigation|Comments Off on Tunnel Vision: The English High Court Considers the FIDIC Yellow Book
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