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)


Four New Articles Added

Contractors Rights to Payment Under a Letter of Intent

 This Article looks at some of the common issues which arise from the use of ‘Letters of Intent’ in the construction industry prior to the execution of a formal contract for the works. Read More

FIDIC Red Book 1999 Edition – Design Liability

The FIDIC Red Book 1999 Edition is drafted primarily for the intention of use on projects where the design is carried out for the Employer by designers employed directly by the Employer. Thus the general principle would be that as the Employer through the Engineer is responsible for the provision of the design the risks associated with such design would by the Employers. The Fact that the designers has carried out the design is irrelevant as the designer has been commissioned directly by the Employer. Read More

Force Majeure in Standard Forms

All standard contract used in Malaysia contain a force majeure clause and it is very important that those entering into construction agreement fully understand the reasons for its inclusion and how it should be administered.  Read More

Partnering – An Overview

The term partnering refers to both a procurement route and also a tender process. Partnering attempts to develop a trusting relationship between members of the whole project team including the Employer, design team, Contractor and Sub-contractors who will become partners. The aims of partnering are to promote better design and construction; lower risks; reduce waste; and avoid disputes. Read More