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Articles - Contract issues
- "FIDIC: Pink Book: The MDB Harmonised Edition of the Red Book"
August 2010
Frederic Gillion highlights the main features of the Mulitlateral Development Banks (MDBs) Harmonised Edition of the 1999 Red Book (FIDIC Conditiona of Contract for Construction) and key differences between it and the 1999 Red Book. This FIDIC contract is usually referred to as the "Pink Book" or "MDB Harmonised Edition".
- "FIDIC: Red Book (1999) and MDB Harmonised Edition (Pink Book) compared"
August 2010
The note by Frederic Gillion reviews the differences between the FIDIC Conditions of Contract for Construction for Building and Engineering Works Design by the Employer, 1999 Edition (the 1999 Red Book) and the Multilateral Development Banks (MDB) Harmonised Edition of the 1999 Red Book (FIDIC Conditions of Contract for Construction), revised June 2010, also know as the MDB Harmonised Edition (the Pink Book), highlighting the effect of the changes on the parties.
- "FIDIC: Termination by the Employer under the Red and Yellow Books"
August 2010
Rebecca Saunders, in an article first prepared for the Practical Law website, considers the termination by the Employer under the 1999 FIDIC Red and Yellow Books (the termination provisions of both forms of contract are identical). Termination by the Employer must be distinguished from termination by the Contractor; the rights and obligations of a terminating Contractor differ from those of a terminating Employer. This note deals only with termination by the Employer.
- "FIDIC Recoverability of Cost"
June 2010
Thomas Young, in an article first prepared for the Practical Law website, considers the definition of "Cost" in the current suite of FIDIC forms of contract and then reviews the circumstances where "Cost" might be recovered.
- "RICS legal issues in construction – JCT contract"
January 2010
Simon Tolson, in a paper given to a recent RICS conference, discusses three key issues. First he sets out his view on the applicable English law on sustainable development. Second, he provides an update on payment law and construction contracts following the changes to the Housing Grants legislation. Finally, he considers key issues in relation to the JCT Standard Forms. These include looking at the 2009 revisions to the Standard Forms, dispelling common legal myths on “snagging”, reviewing the ongoing difficulties with sectionalisation, completion and time at large and finally looking at pinch points for the JCT Contracts in a recession.
- "'Hot topics' in procurement"
November 2009
Barry Hembling, in a paper given at the latest Fenwick Elliott Capital Projects in the Education Sector Seminar discusses the current key issues in procurement law. These include looking at when the EU procurement laws actually apply, asking who can bring a claim for breach of the procurement rules and reviewing what remedies are available for breach of those rules.
