Commercial Law

FIDIC Claim Management

FIDIC forms of Contract 1987, 1999 and 2017 require to manage claims with skill and care. Claims are aimed at the compensation of the Contractor or Employer for either breach of contract or risk which has eventuated. As has been confirmed by Judge Sanders in Attorney...

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

In 1999 FIDIC updated its existing standard forms of Conditions of Contract, i.e. the Conditions of Contract for Works of Civil Engineering Construction (the so-called “Red Book”) and the Conditions of Contract for Electrical and Mechanical Works including Erection...

FIDIC Training

Throughout the world the use of FIDIC forms of Contract can be observed. The use of FIDIC forms of Contract requires care and diligence since the contract wording and the underlying concepts are embedded in the laws. More or less only English common law helps to...

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...