This paper seeks to trace briefly the development of dispute board rules and outline some of the key issues in relation to the rules that might be commonly encountered.
This paper seeks to trace briefly the development of dispute board rules and outline some of the key issues in relation to the rules that might be commonly encountered.
This paper by Jeremy Glover explores the key features of sub-clause 20.1 of the FIDIC form.
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.
January 2015
This paper by Nicholas Gould introduces the NEC generally before focusing on most of the distinctive aspects of NEC3: project management; programming, pricing; compensation events and the time bar; assessing compensation and disputes, as well as touching briefly on the Latham Report.
June 2014
Nicholas Gould discusses successful contract drafting and management techniques in his paper from the Construction Law: Contracts and Dispute Management conference.
March 2014
In this article written for the RIBA Journal March 2014, Stacy Sinclair discusses the Pickard Finlason Partnership Ltd v Mr and Mrs Lock case and why you should take care when drafting bespoke, complex provisions.
Links
[1] http://fenwick-elliott.com/research-insight/articles-papers/contract-issues/overview-ciarb-dispute-board-rules
[2] http://fenwick-elliott.com/sites/default/files/ng_-_ibc_legal_conference_-_an_overview_of_the_ciarb_dispute_board_rules.pdf
[3] http://fenwick-elliott.com/research-insight/articles-papers/contract-issues/sub-clause-fidic-time-bar
[4] http://fenwick-elliott.com/sites/default/files/jg_sub-clause_20.1_-_the_fidic_time_bar_under_common_and_civil_law.pdf
[5] http://fenwick-elliott.com/research-insight/articles-papers/contract-issues/fidic-dispute-adjudication-boards
[6] http://fenwick-elliott.com/sites/default/files/jg_fidic_dispute_adjudication_boards.pdf
[7] http://fenwick-elliott.com/sites/default/files/scl_d177_gould_jan15.pdf
[8] http://fenwick-elliott.com/sites/default/files/nick_gould_-_ibc_paper_successful_contract_drafting_and_management_techniques.pdf
[9] http://fenwick-elliott.com/sites/default/files/stacy_sinclair_-_mind_your_language_riba_journal_march_2014.indd_.pdf
[10] http://fenwick-elliott.com/print/research-insight/articles-papers/contract-issues?page=3