Commercial Law

FIDIC Claim Management

FIDIC forms of Contract 1987 [1992], 1999, 2017 et seq. and also 2017 series of Agreements [White Book] require users to manage claims with skill and care.  Claims are aimed at the compensation of the Contractor or Employer for either breach of contract or additional...

Risk allocation in the FIDIC Conditions of Contract (1999 & 2017) for Construction (Red Book) and the FIDIC Conditions of Contract (1999&2017) for EPC / Turnkey Projects (Silver Book) from the perspective of a German lawyer

The construction business involves mid-term and long-term commitments. Such contracts establish a temporary "community of fate", because the contract will be binding on the parties whatever happens after the contract was signed. In other words, the maxim "pacta sunt...

FIDIC Training

Throughout the world the use of FIDIC forms of Contract can be observed. However, the use of FIDIC forms of Contract requires care and diligence since the contract wording and the underlying concepts are embedded in law. In any case, basically only English common law...

Statutory security devices in construction contracts in France and Germany, a challenge to the parties´ freedom of contract favoured by the FIDIC terms

In the past standard forms for international construction contracts did not include any type of security device covering compensation claims of the contractor other than a sample form of a Payment Guarantee which is actually rarely used in practice. It took until 1999...