Employer Claims under FIDIC: Where Are We Now?

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ABSTRACT

FIDIC (International Federation of Consulting Engineers) conditions of contract are used extensively on international construction projects, very often for major development and infrastructure work. One important issue for employers and contractors alike is the way in which an employer can bring a claim against a contractor. Two courts have recently adopted divergent positions on whether an employer is precluded from making a claim against a contractor unless the formal requirements in the Red, Yellow and Silver FIDIC contracts have been satisfied. This article provides an overview of these two cases, offers a way in which to reconcile the decisions and provides practical guidance for the ways in which employer claims should be notified under these FIDIC conditions.

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