FIDIC has proposed a new formula based approach for prolongations costs claims. The new feature is integrated in Sub-Clause 1.1.35 as laid down in the Contract Data template of the FIDIC Green Book 2021 (2nd Edition).
Rechtsinformationen von
Rechtsanwalt Dr. Götz-Sebastian Hök
FIDIC Green Book Update 2021
The highly appreciated FIDIC Green Book (1st Edition 1999) has been updated in December 2021. It includes various new features and changes.
DAABs involvement in sexual harassment and sexual exploitation and abuse
Dispute Avoidance and Adjudication Boards assume duties regarding compliance with grievance mechanisms regarding sexual abuse and harrasment rpoblems under Worldbank funded projects.
Incoterms 2000 / 2010 / 2020 and cross-border [sales] contracts
Incoterms have been made and published by the International Chamber of Commerce (ICC) in Paris. One of the tasks of the ICC is to make it easier for companies in different countries to trade which each other. Incoterms are accepted world-wide. The present edition of...
New Immigration : The historic report on Immigration of the Government Commission in the Federal Republic of Germany
Dr. Manterfeld, Lawyer On Wednesday , July 4, 2001 the report of the independent Government Immigration Commission has been released. The German Interior Minister Otto Schily will make the commissions recommendations part of a new law of immigration and foreigners...
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...
Are Civil Law Engineers fit for FIDIC?
From the perspective of a lawyer English minded contract wording does not necessarily contradict civil law concepts.
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 Dispute Adjudication 1999 and 2017
Whenever possible, it is advisable to solve any differences or disputes by amicable settlement, since disputes are time-consuming and expensive. Most international contract forms therefore provide express stipulations through which the parties to them attempt to avoid...
The FIDIC Joint Venture Agreement 1st Edition (1992) and 2nd Edition (2017)
The FIDIC JOINT VENTURE (CONSORTIUM) AGREEMENT, 1st edition 1992 was prepared essentially to be used for the association between two or more Consultants, when: the association is for marketing and/or performing the Services required for a specific project, rather...
FIDIC Rainbow Edition, 1999 updated: FIDIC Rainbow, 2nd Edition 2017 has been published
In 2008, a significant landmark occurred in the development of the FIDIC contracts. This was the launch of the FIDIC Design, Build and Operate form of Contract—the FIDIC Gold Book. Major concepts and policies have been adopted by the new FIDIC Rainbow suite. However,...
Fundamental or Golden FIDIC Principles – Do they exist?
The FIDIC Golden Principles are aimed at avoiding bad practice.
FIDIC has launched the new FIDIC Consultancy Agreements, 2017 Edition
On the occasion of the annual Middle East FIDIC Users´ Conference 2017 in Abu Dhabi FIDIC has launched three new Agreements: The FIDIC White Book – Client/Consultant Services´ Agreement, 5thEdition 2017 The FIDIC Consortium / Joint Venture Agreement, 2nd Edition 2017...
International Arbitration in the Construction Business and under FIDIC forms of Contract
Dispute adjudication and arbitration are the regular means of dispute resolution under FIDIC. Avoidance of disputes is a strong DAB commitment.
SIGNIFICANT CASE LAW ON THE FIDIC FORMS OF CONTRACT – Development of a FIDIC case law?
The intrepretation of contrat wording by courts and arbitral tribunals provides reliable guidance on the meaning of contractual wording and concepts.
GERMAN DIS ARBITRATION RULES
The German Institution of Arbitration (Deutsche Institution für Schiedsgerichtsbarkeit e.V., DIS) is the most prominent arbitration institution. It serves all parties planning to make reference to the DIS Arbitration Rules as a body for the administration of...
The Civil Law decennial (decennal) liability or
A proper understanding of the FIDIC concept of a liability after taking-over is crucial, in order to avoid erroneous assumptions based on overlapping legal concepts like the decennial liability as inspired by French law.
Revocability of offers and tenders in the construction industry
Whether there is a contract between the parties or not and if so what are its terms: these are common issues in construction litigation. The general rule is that the valid formation of a construction contract just like any other contract requires mutual assent by both...
The FIDIC Design Build and Operate Contract – Gold Book
The FIDIC Gold Book is a quite innovative standard form of contract which has been adopted by Worldbank and the ADB. It requires special attention due to its particularties at tender stage.
Specific performance in construction contracts under German law
Construction contracts come in all shapes and sizes from the simple short form of Contract (the FIDIC Green Book) to the 1999 FIDIC suite of contracts (including the FIDIC Red Book, Yellow Book and Silver Book) and other Standards like NEC. It is common practise in...
Offshore Projects under FIDIC
The offshore windmill industry and the renewable energy sector (including for instance hydro power, biomass, photovoltaik) in general use frequently FIDIC forms of Contract. In particular the FIDIC Yellow Book is obviously quite popular...
German private international law concerning real estate, loans and mortgages
German conflicts of law is based on the tradition of Savigny and its famous ”Sitztheorie”. Today it is mainly governed by statute law and international conventions. Two European Regulations have replaced German domestic conflicts of law rules. It worthwhile to note...
Some practical aspects of doing business with Germany
Germany has created an attractive business environment. Situated in the middle of Europe and in the centre of the EURO-zone. The implementation of the euro forged a currency area large enough to rival the US Dollar. Germany is therefore a platform for doing business...
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...
If you need a German lawyer
1. Who will be helpful? Under German law, usually only registered "Rechtsanwälte" (solicitors or attorneys-at-law) are authorized to give legal advice and to act as a counsel before the courts. You will find solicitors or attorneys-at-law in nearly every town in...
Questions and answers concerning the cross-border collection of debts, and in particular the recognition and enforcement of foreign legal documents in Germany
1. Does your country recognise decisions made by foreign courts, and does it permit the enforcement of such decisions? a. The Federal Republic of Germany allows for the enforcement of foreign legal documents (court decisions). To the extent that it is expressly...
FIDIC Claim Management Provisions and related Court Cases
Under FIDIC contracts claim management is one key to success in that claims shall compensate the claimant for losses incurred as a result of risk which has occurred. It is worth to note that both, Contractors and Employers, should comply with the management provisions...
The FIDIC Code of Ethics
FIDIC's key role and that of its Member Associations worldwide is to improve quality of life through the promotion of quality, integrity and sustainability in the infrastructure industry. FIDIC has published a Code of Ethics and promotes a strict no corruption policy....
FIDIC under the laws of Botswana – Default Rules
'FIDIC terms and conditions are well known standards for the procurement of construction services. Prof. Molineaux[1] has stated: The forms of contract of the Fédération Internationale des Ingénieurs-Conseils (FIDIC) are widely used and their dissemination has already...
EPC Turnkey Contracts – Risk or Risk Avoidance?
The correct and official name of the FIDIC Silver Book is „Conditions of Contract for EPC/Turnkey Projects“. This suggests that this is the only and appropriate standard form of contract for EPC/T projects. However, the abbreviation EPC/T merely connotes that this...
The FIDIC Subcontract for Works and Design & Build Subcontract
Introduction FIDIC has launched a Subcontract for Works in 2011 and a Subcontract for Design & Build in 2019. For those who intend to pass down main contract duties to subcontract back-to-back with the Main Contract these two contract forms are a suitable support....
Taking over, Acceptance and Completion Certificate under German law
Although it is still uncommon to use standard forms of contract in English language for German projects it sometimes happens that FIDIC standard forms are used. In particular for off-shore windfarm projects FIDIC contracts are currently en vogue. Contractors and...
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...
FIDIC Books have been translated
The current FIDIC standard form contracts, published in 1999, are English-language standard forms for different types of contracts originally inspired by the elder ICE Standards. It is obvious that there is a need in the construction industry for the FIDIC Conditions...
Practice-Oriented Reflections on International Collection of Debts and the Prospects for Eurojuris
Eurojuris is an organisation which acts Europe-wide. It would appear that this organisational advantage should be used in order to make transborder debt collection and recovery more efficient. Although being continously reformed and harmonised the legal requirements...
German Land Law
German real estate law differs a lot from English and American real estate law but from French, Italian and Spanish law as well. The basic difference to anglo-saxon law is explained by the different legal history of the anglo-saxon states and Germany. Whilst...
Evaluation of interests in land in Germany
In the practice of property valuation a variety of occasions require a valuation. The appropriate type and nature of the property valuation depends on the purpose for which the values are needed. For example, if land is to be bought or sold, the buyer or seller...
Establishment of a limited liability company with foreign investments in russia
(CERTAIN PRACTICAL AND LEGAL ASPECTS OF REGISTRATION PROCEDURE) by Dr. Götz-Sebastian Hök Rechtsanwalt (Berlin) and Dr. A. Zalivako (Moscow) Herewith we would like to give an overview of a legal procedure related to creation of a Russian legal enterprise with foreign...
Establishing a German Company
Several options exist for establishing a German company, three of which will be discussed here. The first is the "Gesellschaft mit beschränkter Haftung" (private limited company), the second being the legal form of an "Aktiengesellschaft (public limited company) and...
Neues Internationales Zivilverfahrensrecht
Das Jahr 2000 war für die Entwicklung der justitiellen Zusammenarbeit in Europa bahnbrechend und voller Neuerungen. Ursprünglich war das Internationale Verfahrensrecht mangels eigener Rechtssetzungskompetenz der Brüsseler Organe der Regelung durch Staatsverträge...
Trademarks registration and protection in russia
(CERTAIN LEGAL ASPECTS) by Dr. Götz-Sebastian Hök (Berlin) and Dr. Andrei Zalivako (Moscow) Legal protection of a trademarks in the Russian Federation (the “RF”) shall be provided either on the basis of its state registration in accordance with the procedure...