- April 2, 2012
FIDIC: when is a dispute not a dispute?
My last blog looked at the difficulties that can arise in a typical FIDIC scenario where an employer does not honour a dispute adjudication board (DAB) decision that is binding, but not final. This blog looks at the difficulties that can arise in relation to the definition of the “dispute” that is submitted to the … Continue reading FIDIC: when is a dispute not a dispute? →
- March 6, 2012
FIDIC: problems with enforcing DAB decisions
In the typical FIDIC scenario, the dispute resolution provisions sound delightfully straightforward. However, what happens if one of the parties doesn’t comply?
- January 27, 2010
The judge who noticed: conditions precedent to a claim
Towards the end of 2009, I wrote a post on the tension between notice provisions and extensions of time. This elicited some very interesting comments, but, most interestingly of all, no-one said “Oh come off it – how many cases are there where the notice provision is strictly enforced?”. If courts or tribunals decline to … Continue reading The judge who noticed: conditions precedent to a claim →
- October 13, 2009
Notice provisions and extensions of time: an inconvenient truth?
How would most contractors receive this piece of drafting? “The Contractor agrees to pay Liquidated Damages (LDs) for delay to the Employer, even though the Employer caused the delay to the Works to which those LDs relate.”