Out of all of the provisions to be found in the FIDIC form, the provisions of Clause 20 have attracted, by far, the most comment. Jeremy Glover discusses one of the potential hurdles that need to be overcome with Clause 20 which is the appointment of the DAB itself. Jeremy also discusses two recent decisions which address the issues of Clause 20.
February 2014
In this publication Stacy Sinclair answers questions on English law ranging from bribery to mediation and everything in between. Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Construction 2014, (published in August, 2013; contributing editor: Robert S Peckar of Peckar & Abramson, PC). For further information please visit www.GettingTheDealThrough.com [3].
July 2013
Dispute in business is inevitable, and the construction industry is no different. Disputes arise within this sector for all sorts of reasons, with several possible ways by which to resolve them. However, although often resolvable, disputes inevitably bring many challenges and legal issues to take into consideration. In this Q&A, Simon Tolson talks to ‘Lawyer Monthly’ about his view on these issues.
April 2013
Nicholas Gould discusses the recently issued FIDIC Guidance Note which deals with the powers of, effect of and the enforcement of Dispute Adjudication Board (DAB) decisions. The new Guidance Note suggests amendments to clause 20. These changes are as a result of confusion in the nature of the decision, and the manner in which a dispute about a DAB decision is then dealt with in arbitration. The amendments to the FIDIC provisions should be included in future contracts and will avoid any problems of this nature.
April 2013
February 2013
In an article first published in the RICS Construction Journal, February – March 2013, Nicholas Gould and James Mullen consider the impact on parties to construction contracts of recent court rulings concerning an adjudicator’s right to recover fees, ad hoc agreements and set-off.
Links
[1] http://fenwickelliott.uk/research-insight/articles-papers/contract-issues/fidic-dispute-adjudication-boards
[2] http://fenwickelliott.uk/sites/default/files/jg_fidic_dispute_adjudication_boards.pdf
[3] http://www.GettingTheDealThrough.com
[4] http://fenwickelliott.uk/sites/default/files/stacy_sinclair_-_getting_the_deal_through_-_construction_2014.pdf
[5] http://fenwickelliott.uk/sites/default/files/simon_tolson_-_qanda_for_lawyer_monthly.pdf
[6] http://fenwickelliott.uk/sites/default/files/nick_gould_-_guidance_on_dab_decisions.indd_.pdf
[7] http://fenwickelliott.uk/sites/default/files/jon_miller_-_there_is_nothing_for_adjudicators_to_fear.pdf
[8] http://fenwickelliott.uk/sites/default/files/nick_gould_and_james_mullen_-_paid_by_results.pdf
[9] http://fenwickelliott.uk/print/research-insight/articles-papers/adjudication?page=2
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