Whether it’s the electric motor to the combustion engine or cryptocurrency to currencies, every industry seems to have a disruptor – perhaps we’ve found one in FIDIC for the construction industry and its re-imagining of the use of liquidated damages (LDs) in the soon-to-be published Green Book.
The special pre-release version of the new edition Green Book was revealed to delegates at the virtual FIDIC 2020 International Contract Users’ Event. The Green Book is for relatively small value projects – the World Bank recommends its use in projects valued up to US$10m (FIDIC itself sets no upper-limit). The key provisions of the Green Book, together with other exciting announcements from FIDIC are summarised in my colleague, Natalie Wardle’s, excellent blog, FIDIC contracts – a preview of what is to come.
The new edition introduces LDs to compensate the contractor for employer culpable delay alongside traditional “delay damages” to compensate the employer for contractor culpable delay. Should we now expect to see as commonplace LDs for, as FIDIC put it, “Prolongation Costs”? Continue reading