Two New Articles Added – Scott Schedule & Unforeseeable Physical Conditions

Dealing with Unforeseeable Physical Conditions under the FIDIC Red Book Forms of Contract

Under Sub-Clause 12.2 of the old FIDIC Red Book 3rd Edition it was not unusual for disputes to arise over the interpretation of what constituted an Adverse Physical Condition and Artificial Obstruction. Contractors would attribute events in far off foreign countries as falling under artificial obstructions such as wars, strikes, government changes and the like. Their argument would be that the event which actually prevented material, equipment of specialist from being delivered to the site was an ‘artificial’ obstruction. Sub-Clause 12.2 of FIDIC Red Book 4th Not Foreseeable Physical Obstructions or Conditions eventually put an end…… more

Scott Schedule

A Scott Schedule is a standard form of pleading that was originally formulated by George Scott, who was an Official Referee, for use in principally in building disputes.  This standard form in various forms has been adapted and is accepted as a summary of Claims and Disputes not only in Arbitration but also in other litigation and for disputes which arise in many other sectors not just construction…. more

 

Comments are closed.