Taking-over certificates, sectional completion and liquidated damages in EPC disputes
The contract edition, Taking-Over scope, EOT determinations and damages clause govern.
Construction & FIDICREAD ANALYSIS ↗
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Construction Contracts & FIDIC
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Taking-Over, Defects and the Limits of Retention Deductions
A public or private employer may take possession of a completed facility, begin using it and still withhold substantial amounts on the basis of unresolved defects or an outstanding final completion certificate.
Construction Contracts & FIDICREAD ANALYSIS ↗
Extension of Time and Concurrent Delay in FIDIC Projects
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.
Construction Contracts & FIDICREAD ANALYSIS ↗
Encashment of Performance Guarantees After Taking-Over
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.
Construction Contracts & FIDICREAD ANALYSIS ↗
On-Demand Bank Guarantees: When Can Encashment Be Restrained?
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.
Banking & FinanceREAD ANALYSIS ↗
FIDIC 2017 Claims: The Notices That Preserve—or Defeat—Contractual Entitlement
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.
Construction Contracts & FIDICREAD ANALYSIS ↗