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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It is essential that parties adhere to the proper process when advancing claims under FIDIC standard contracts.
Failure to do so can have serious repercussions, potentially resulting in the claim being time-barred or the claimant’s entitlement being curtailed or reduced.
This Practice Note reviews the steps for claims pursued by either Contractor or Employer under the 2017 FIDIC Red, Yellow and Silver Books, with particular attention to the granular procedure prescribed in clause 20.2.
See also Flowcharts: Claims under the FIDIC Red and Yellow Books 2017 (clause 20.2), and Claims under the FIDIC Silver Book 2017 (clause 20.2).
In the 2017 forms, Employer claims are handled identically to Contractor claims—whereas, in the 1999 editions, Employer claims were governed by their own, comparatively less stringent, framework under a distinct procedural regime then.
For commentary on claims under the 1999 Red, Yellow and Silver Books, as well as the Pink and Gold Books, consult Practice Notes: FIDIC contracts (pre-2017 editions)—Contractor claims, and FIDIC contracts (pre-2017 editions)—Employer claims guidance.
Another development in the 2017 suite is that the provisions on claims now sit in a distinct clause (clause 20), separate from Dispute resolution provisions (clause 21) entirely.
Within the 1999 editions, both sets...
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 ]...