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 offers an overview of the FIDIC Conditions of Contract for Design, Build and Operate Projects 2008, widely referred to as the Gold Book 2008.
The FIDIC Gold Book 2008 is a design, build and operate form (‘DBO’)—for general background on DBO arrangements, see Practice Note: DBO contracts. It presumes a greenfield design‑build‑operate model with a 20‑year operations and maintenance term. It is unsuitable for brownfield schemes, i.e. the enhancement of an existing asset. According to the FIDIC DBO Contract Guide (1st edition, 2011—issued by FIDIC), the Gold Book may suit infrastructure undertakings where the completed facility is expected to generate income or receipts for the Employer, and where the Employer may lack the capability or know-how to run the facility and might otherwise appoint a service provider or operator. It is envisaged that the Contract will be let to a single contracting body, typically a consortium or joint venture. Consistent with other agreements in the FIDIC suite, the Gold Book is intended for use on cross-border projects.
The FIDIC framework is intended for use on greenfield DBO projects over a 20-year operation period...
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 ]...