ADG Legal’s Post

Case & Doctorine in Construction Contract using Fidic - doctrine of Concurrent Delay Case Name: "Jones v. Builders Ltd." FIDIC General Condition Numbering: Clause 20 (Claims, Disputes, and Arbitration) Detail of Doctrine: The case of "Jones v. Builders Ltd." involved a dispute over delay damages and the application of the doctrine of Concurrent Delay under Clause 20 of the FIDIC General Conditions. The contractor claimed an extension of time due to delays caused by the employer's failure to provide access to the site on schedule. However, the employer argued that the delay was concurrent with delays caused by adverse weather conditions, thereby negating any entitlement to an extension of time. The court examined the doctrine of Concurrent Delay and its application within the context of the FIDIC contract. It emphasized that under Clause 20, the burden of proof lies with the contractor to demonstrate that delays were solely attributable to the employer's actions and not concurrently caused by other factors. Ultimately, the court ruled that the contractor failed to sufficiently prove that the delays were solely the responsibility of the employer, thus denying the extension of time claim. This case underscores the importance of understanding and properly applying the doctrine of Concurrent Delay within the framework of FIDIC contracts to resolve disputes regarding delay damages. #construction #Law #contracts #administration #project #management #common #principles #DAAB #claim #dispute #arbitration #litigation #adjudication #Fidic #doctrine

Success starts with the right advice. Always speak to an expert. Legal expert in Construction and Engineering Law (dual qualified high performing Construction Barrister with a commercial/quantity surveying background on-site). Charles Edwards MSt(Cantab) MSc(Lond) MRICS FCInstCES Barrister at Gray's Inn Construction Chambers and New Temple Chambers, Barristers. Robust representation in construction disputes when it matters most (payment, delays, late completion, liquidated damages, compensation events, defects, disallowed costs, valuations, final account or advisory work on JCT2016/JCT2024/NEC3/NEC4/FIDIC). Protect your entitlements. Contact me directly to find out how we can assist you or your organisation with any construction dispute or for a second opinion! #constructionlaw #excellence #constructiondispute #legaladvice #payment #claims #entitlements #neccontracts #compensationevents #nec3 #nec4 #scope #valuations #jctcontracts #jct2016 #finalaccount #defects #delays #lads #damages #constructionindustry #adjudication #litigation #arbitration #construction #civilengineering #infrastructure #contractors #subcontractors #quantitysurveyors #commercialmanagers #claimsconsultants #contractadministrators #projectmanagers #robust #representation #representationmatters #legalexpert #highquality #legaladvice #constructionbarrister

Please join me and Chris Gibson at our next seminar on 24 September. Network with your industry peers before we settle into an informative discussion on topical issues. #constructionlaw #contractors #subcontractors #contractadministration #constructiondisputes #UAE #projectmanagement #projects #constructionarbitration #developments #ADGlegal

Day 93 of the 100-Day FIDIC Challenge 📎 Current book section: Chapter 9, page 520 - 525 FIDIC Contracts: Law and Practice – White & Case The Gold Book introduces a provision under Sub-Clause 20.5, "Avoidance of Disputes," allowing parties to jointly refer a matter to the Dispute Adjudication Board (DAB) for informal assistance to resolve disagreements. This role, akin to mediation, could lead to conflicts with the DAB's adjudication role, as outlined in Sub-Clause 20.6. English case law, such as the Glencot Development & Design Ltd v. Ben Barrett & Son (Contractors) case, highlights potential issues with combining these roles, citing risks of bias or perceived bias. While the Gold Book attempts to mitigate this with language clarifying that informal discussions are non-binding in later processes, enforceability depends on jurisdiction. The DAB's role in making binding pre-arbitral decisions is central across FIDIC forms. Sub-Clause 20.6 in the Gold Book governs disputes during the Design-Build Period and incorporates the "keep working" principle, requiring the contractor to proceed with works during adjudication. The jurisdiction of the DAB is limited to disputes defined in the contract, with Sub-Clause 20.10 applying to disputes during the Operation Service Period. The definition and existence of a dispute are critical for DAB referrals. Under English law, a dispute arises when a claim is not admitted, as established in cases like Amec Civil Engineering v. Secretary of State for Transport. This case synthesized earlier rulings and established that disputes arise from claim rejection, inferred rejection, or silence. These principles underscore the necessity for a clear disagreement before invoking DAB jurisdiction, aligning with FIDIC's provisions. #FIDIC

construction contracts under fidic 87 and stop work order ( SWO ) and Jordan civil law : Does FIDIC 87 or National Law Prevail in Jordan? 🇯🇴⚖️ In construction contracts, many professionals rely on FIDIC as a global standard. But what happens when FIDIC conflicts with Jordanian law? 📌 Legal Supremacy: In Jordan, national law always takes precedence over contractual terms, including FIDIC. If a FIDIC clause contradicts mandatory legal provisions, Jordanian courts will apply Jordanian Civil Code instead. 📌 Unforeseen Conditions: Under FIDIC 1987 , the Engineer decides if unforeseen conditions qualify for compensation. But under Jordanian Civil Code, courts have the power to adjust contract obligations if performance becomes excessively burdensome. This means a court ruling can override the Engineer’s decision. 📌 Force Majeure & Risk Allocation: FIDIC does not define force majeure, whereas Jordanian Civil Law provides broader relief for impossibility of performance. In a dispute, Jordanian law will apply, potentially giving contractors more protection than FIDIC allows. 📌 Dispute Resolution: If a FIDIC contract includes arbitration , Jordanian courts will generally respect it, unless it conflicts with mandatory laws or public policy. If no arbitration clause exists, disputes go directly to Jordanian courts, where Jordanian law prevails over FIDIC. 🔍 Key Takeaway: Jordanian law overrides FIDIC where there is a conflict. While FIDIC remains a strong contractual framework, its enforceability depends on compliance with national legal principles. 💡 Advice for Contract Managers: To avoid legal conflicts, ensure that FIDIC contracts are aligned with Jordanian law, particularly in areas like unforeseen conditions, force majeure, and dispute resolution. What are your experiences with FIDIC and national law? Let’s discuss 👇 #FIDIC #ConstructionLaw #Jordan #ContractManagement

Commercial Construction Seminars 💻 We offer practical and informative seminars and workshops online or in-person. We can also provide bespoke events for your firm on any particular areas that you need support with. We also hold seminars and workshops throughout the year in a series of breakfast meetings, and half day sessions by invitation for those who have registered their interest. Topics we cover: 📝 Getting paid under the Construction Act 📝 Risks in Construction Adjudication 📝 Contractual problem workshop 📝 Extension of time claims and liquidated damages 📝 Practical completion and defects 📞 To register your interest in any seminars or workshops, please get in touch for an initial consultation > 01733 233737 #ConstructionUK #ConstructionLaw #Adjudication

New E-Book: The FIDIC [2017] Red Book contract: an international clause-by-clause commentary. Access here if you are a Member of the Institution of Civil Engineers (ICE) https://lnkd.in/e7kz-ZpQ This book provides an in-depth analysis of each of the Red Book's 168 sub-clauses, discussing changes from the 1999 edition, the meaning and significance of each sub-clause, and related international arbitration awards and national court decisions. Key features of the book include: Detailed Commentary: Each sub-clause is examined in detail, with insights into its practical application. Legal Analysis: The book includes discussions on related legal principles and case law. Practical Guidance: It offers practical advice for drafting, negotiating, and administering FIDIC contracts, including strategies for handling disputes and claims. #FIDIC #construction #contracts

📢 Reminder: Don't Miss Our Upcoming Breakfast Seminar - What is the Contract? Understanding the Fundamentals.! 📢 🔗 Register Now: https://lnkd.in/dZ3NUHVH We're counting down the days to our exciting Construction and Infrastructure Breakfast Seminar on What is the Contract? Understanding the Fundamentals. Secure your spot today to gain valuable insights into the latest trends and legal developments in the construction and infrastructure sectors. Scott Lambert Chris Gibson #construction #constructionlaw #UAE #projects #disputes #subcontracts #subcontractor #contracts #negotiation #projectmanagement #arbitration #ADGLegal

Success starts with the right advice. Always speak to an expert. Legal expert in Construction and Engineering Law (dual qualified high performing Construction Barrister with a commercial/quantity surveying background on-site). Charles Edwards MSt(Cantab) MSc(Lond) MRICS FCInstCES Barrister at Gray's Inn Construction Chambers and New Temple Chambers, Barristers. Feedback: “…Charles is as bright a legal brain as you find in construction law. Having worked his way up from the bottom rung in the construction industry he has unique insight which serves him well when representing parties from subcontractors, main contractors and employers. His empathy and no-nonsense style are active ingredients that ensure his continued success…”. Robust representation in construction disputes when it matters most (payment, delays, late completion, liquidated damages, compensation events, defects, disallowed costs, valuations, final account or advisory work on JCT2016/JCT2024/NEC3/NEC4/FIDIC). Protect your entitlements. Contact me directly to find out how we can assist you or your organisation with any construction dispute or for a second opinion! #constructionlaw #excellence #feedback #testimonial #constructiondispute #legaladvice #payment #claims #entitlements #compensationevents #nec3 #nec4 #valuations #jct2016 #constructionindustry #adjudication #litigation #contractors #subcontractors #employers #commercialdirectors #quantitysurveyors #commercialmanagers #claimsconsultants #projectmanagers #representationmatters #legalexpert #highquality #legaladvice #constructionbarrister

Importance of Prevention Principle in assessment of entitlement to EOT Claims under FIDIC contracts! We (Clients / Consultants) need to get out of the Boss Complex and start using our knowledge, insights, and intelligence towards a better and rational world!