Adrian Bell - Partner – Co-Head of Infrastructure, Construction and Energy Disputes, CMS
Jeremie Witt - Partner and Solicitor-Advocate, CMS
The time bars for both Contractor and Employer claims are essential elements of the FIDIC Conditions of Contract. Their project management purpose is clear but is not always implemented by the Parties. Civil and common law regimes typically treat time bar provisions differently. Added to this, concern has been expressed that Contractor and Employer claims are treated differently under the existing forms of FIDIC. Do the proposed changes to the FIDIC contract address this problem?
- Purpose of the mechanisms for administering and processing claims
- Civil law treatment of time bar provisions
- Common law treatment of time bar provisions
- What changes are planned in the new FIDIC contracts?