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 examines how dispute adjudication boards (DABs) operate and are applied in the 1999 FIDIC Red, Yellow and Silver Books, together, in particular, with the 2008 Gold Book and the 2010 Pink Book publication. Across these forms, as standard procedure, disagreements are referred to a DAB (termed a 'Disputes Board' in the Pink Book), whose determinations are binding on the parties involved. Where a party contests a DAB decision, the matter may move to amicable settlement between the parties and, if unresolved, to arbitration, so long as the contractual deadlines are observed. For detail on the layered Dispute resolution route in these agreements, see Practice Note: FIDIC contracts (pre-2017 editions)—dispute resolution. In December 2017, FIDIC issued updated editions of the Red, Yellow and Silver Books. In those texts, the DAB is renamed the Dispute Avoidance/Adjudication Board (DAAB). For guidance on the DAAB’s function under the 2017 FIDIC suite, see Practice Note: FIDIC contracts 2017—Dispute Avoidance/Adjudication Boards. Unless indicated otherwise, references in this Practice Note to the Red, Yellow and Silver Books, and to their clauses, are to the 1999 editions.
The DAB mechanism is a type of Alternative dispute resolution ('ADR') intended to deliver a...
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 ]...