Commentary relevant to Construction Contracts & FIDIC.
Read analysis by legal discipline. Articles appear only after editorial approval and publication.
Two events may delay the same project period: an employer's late instruction and a contractor's failure to procure equipment. Whether the contractor receives additional time or prolongation cost cannot be answered by declaring that both parties were late. Concurrent delay requires a contractual and technical.
A contractor may obtain a Taking-Over Certificate, demobilise its principal workforce and still face encashment of a performance guarantee. The dispute often turns on whether taking-over altered the employer's contractual entitlement and whether the bank's separate undertaking remains callable on.
A supplier may believe that the employer has wrongfully terminated a contract. A contractor may have substantial claims for unpaid milestones and extensions of time. Yet the beneficiary may still be entitled to demand payment under an unconditional bank guarantee before those underlying claims are.
A contractor may have suffered a genuine employer-caused delay, incurred additional expenditure and maintained an extensive project record, yet face a substantial obstacle to recovery because the claim was not notified in the form and time required by the contract. Under the 2017 editions of the FIDIC forms, claims administration is not a matter to be reconstructed once a.