Welcome to the Knowledge Hub – in the articles to be found here, we cover developments that we feel are relevant to the businesses of our many clients and colleagues.  We do hope you find them of interest and welcome your feedback. Please use the search form on this page to search the archive for more articles.

Latest Articles

  • The Dangers of Employer Set Off in your FIDIC Contract: Suspension and Termination

    Unfortunately, under the FIDIC Red and Yellow Books 1999, the right of an Employer to set off from an amount already certified in a Payment Certificate but unpaid is inexplicit. Once the Employer has a Sub-Clause 3.5 determination, it may ask the Engineer to deduct the amount determined from the next Payment Certificate. This is clear. But rather than rely on the Engineer, can the Employer instead, itself, deduct by way of set off from an amount already certified in a Payment Certificate but unpaid? This is not clear.

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  • International Arbitration and Third Party Funding: Time to Rethink Reward and Risk?

    Introduction The English Commercial Court has now confirmed in two separate decisions that an arbitral tribunal may award a winning claimant its third party funding costs. How significant are these decisions and it is time

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  • FIDIC’s New Green Form: The Missing Link

    In December 2021 FIDIC issued its 2nd edition of the Green Book.  It is not so much an update to the 1st edition as a new and improved, intermediate form of contract. FIDIC is promoting it as

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  • The 12 Worst Things About FIDIC 2017 – A Christmas Special

    The FIDIC 2017 forms first appeared at the December FIDIC Users’ Conference four years ago.  No one has suggested that the FIDIC 2017 forms of contract did not rectify some of the problems in the

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  • On-Demand Bonds, Injunctions and FIDIC Contracts

    Bonds and guarantees will usually be required in any major construction project and they are a requirement within FIDIC standard forms.  An on-demand bond is a security that unconditionally requires a Bank or other surety

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  • FIDIC Changes in Legislation and Covid-19: Compelled by Law or Just Doing Your Job?

    Up until the spring of 2020, a FIDIC 1999 Sub-Clause 13.7 [Adjustments for Changes in Legislation][1] claim was just one of many issues to be resolved, for example, in a delay and disruption claim or

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The content of the Knowledge Hub is not legal advice. You should always consult a suitably qualified lawyer regarding a particular legal issue or problem that you have. Please contact us if you require legal assistance.

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