What does FIDIC mean? In legal practice, FIDIC usually means the suite of standard‑form construction and engineering contracts published by the International federation of Consulting Engineers (Fédération Internationale des Ingénieurs‑Conseils), rather than the organisation itself. It is an industry term, not defined in legislation or case law. FIDIC contracts (commonly the Red, Yellow, Silver, Green, Gold, Blue and Emerald Books) are widely used on international infrastructure, EPC and design‑and‑build projects. Key legal features include the Engineer’s role as contract administrator and decision‑maker, detailed risk allocation, provisions on variations, payment, extensions of time and claims, strict notice and time‑bar requirements, and tiered dispute resolution using...
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This Practice Note sets out to compare and contrast the principal features of the FIDIC 1999 suite and the NEC4 suite. Its focus is the NEC4 Engineering and Construction Contract (ECC) and the FIDIC Red Book 1999 (Red Book), used where the Contractor delivers works to the Employer’s design. For commentary on the 2017 Red Book, see Practice Note: FIDIC 2017 and NEC4 contracts compared.
The FIDIC suite is widely regarded as the foremost international standard form for construction procurement, most frequently characterised as ‘written by engineers, for engineers’. It is also widely associated with a carefully balanced approach to risk, allocating exposures to the party best positioned to carry them (the EPC/Turnkey option, commonly called the Silver Book, is something of an exception). True to its engineering heritage, the Engineer has a central role under, in practice, a number of FIDIC forms, notably the Red Book. For a general overview and background, see Practice Note: FIDIC contracts—introduction. For a more detailed introduction to the Red Book, see Practice Note: FIDIC contracts—introduction to the Red Book 1999. For further materials on FIDIC contracts, see the FIDIC sub-topic: FIDIC contracts.
The NEC suite stresses collaboration and pro-active...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...