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Trend 1: new participants, different challenges Private investment in infrastructure—most notably in renewables—continues to grow worldwide. IJGlobal reports that infrastructure funds secured almost US$112.05bn in H1 2025, up from US$57.85bn in H1 2024. As funds widen their exposure to infrastructure assets, their presence in construction arbitrations is also increasing. This shift in the make-up of project participants is giving rise to fresh procedural and practical issues: Conflicting approaches to contractor claims and arbitration strategy—Infrastructure funds typically inject finance in exchange for equity in the project company, and their engagement is often fixed and relatively short-term compared with traditional developers or owners who tend to remain involved for the long term. This shapes their stance on contractor claims for extensions of time (EOT) or additional cost, usually prioritising the strongest financial result within the existing project framework. Where a project has co-sponsors—such as long-term asset owners holding multiple, enduring positions in the venture (eg, as offtaker or O&M services provider)—interests may diverge, creating differing views on how...
This Practice Note sets out a comparison of headline aspects of the FIDIC 2017 and NEC4 suites, highlighting similarities and distinctions across their principal features. It specifically concentrates on the NEC4 Engineering and Construction Contract (ECC) and the FIDIC Red Book 2017 (Red Book), used primarily where the Contractor constructs to the Employer’s design in practice (although, where the scope includes any Contractor design, the Red Book accommodates this). For commentary on the 1999 edition of the FIDIC Red Book, see Practice Note: FIDIC 1999 and NEC4 contracts compared. Overall philosophy FIDIC FIDIC contracts are the leading international standard-form construction agreements. They are often described as ‘written by engineers, for engineers’. The suite is also recognised for balanced risk distribution, with liabilities generally allocated to the party best able to manage them (the EPC/Turnkey variant, widely referred to as the Silver Book, is something of an exception). As one would expect from documents devised by engineers, the Engineer has a central function in a number of the...
Claims by contractors for time and/or money Requests from contractors seeking additional time and/or payment are commonplace on construction projects. A time claim seeks an extension of time (EoT) to complete the works (or achieve a contractual milestone) where a delay event has occurred, whereas a money claim typically pursues reimbursement of extra loss and/or expense incurred by the contractor due to delay or disruption to the works. Such a claim might likewise be brought by a sub-contractor under a sub-contract. These claims are usually founded on an express contractual entitlement—ie the contract specifies situations in which the contractor is entitled to time and/or money—and they are advanced and decided in accordance with the contract terms. They do not, of themselves, involve a breach of contract or require there to be a dispute between the parties, although they may ultimately give rise to one. This Practice Note outlines the key issues to consider in relation to time and money claims. Many of these points are relevant even...
This Practice Note examines the circumstances in which a construction contract might entitle a contractor to claim additional time in which to complete the works (known as an 'extension of time' or 'EOT'), and the importance of contractual procedures in this regard. Ordinarily, a construction contract will set out the date by which practical completion of the works is to be achieved (see Practice Note: What is practical completion?). That date is usually called the 'completion date' (or a comparable term or label). However, throughout the life of a construction project, it is common for events to arise which delay, or threaten to delay, the progress of the works, affecting the critical path (see Q&A: What is the critical path?) and impacting on the contractor’s ability to meet the completion date. These are often referred to as 'delay events' in practice. An extension of time enables the contractor to complete its works within a specified period after the original contractual completion date, without becoming liable to pay the employer...