FIDIC Red Book 1999 – The Force Majeure Clause

The definition of force majeure provided in the FIDIC Red Book 1999 Edition form in Clause 19 is widely drawn. Sub-Clause 19.1 defines a force majeure event as one:

A) which is beyond a Party’s control,

B) which such Party could not reasonably have provided against before entering into the Contract,

C) which, having arisen, such Party could not reasonably have avoided or overcome, and

D) which is not substantially attributable to the other Party…….. (more)

Contemporary Records – FIDIC RED BOOK 4th EDITION


Clause 53 of the Conditions of Contract specifies the procedure which the Contractor must follow in the event that he intends to make a claim under the Contract. A variant of this clause is also included within the current editions of the FIDIC forms of contract and may also to be found in many other standard forms.

In the event that the Contractor intends to claim any additional payment under the Contract Clause 53 makes it a mandatory (more)

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

 

Another process Flowchart added to the Site for FIDIC Red Book 4th Edition

Another process Flowchart added to the Site for FIDIC Red Book 4th Edition

MALCONLAW as added yet another FREE flowchart to the site. This time in relation to the issuance of and subsequent valuation of Variations instructed under the FIDIC Red Book 4th Edition. The Flowchart maybe downloaded by following the following link. As a courtesy we would request that you register to follow the future articles of Malaysian Construction and Contract Law on the side bar before downloading the flowchart. We thank you in advance and hope that you find the flowchart to be of use……more

Contractors Sample letters (FIDIC Red Book 4th Edition)

Recently MALCONLAW announced that followers of this site and those that registered for our limited period event on Facebook  http://www.facebook.com/events/297660023609419/ would receive our recently prepared Malaysian Edition of Standard letters for Contractors in the administration of FIDIC Red Book 4th Edition. Over the coming few months we will be issuing similar Malaysian Editions for FIDIC Yellow Book, Gold Book, Silver Book and Short Form, together with both PAM Standard Forms. It you want to get free copies please ensure you join us on Facebook http://www.facebook.com/MALCONLAW and sign up to follow this blog by email

Remember this is free and there are no obligation