Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

How to compensate damages in international construction contracts (FIDIC)

Document Type : Research Article

Authors
Narges Dehghan 1
D.r Sayyed Ali Asghar Rahimi 2
1 Master's student in private law, Faculty of Law, Qom University.(Corresponding Author)
2 Assistant professor and faculty member, Faculty of Law, Qom University.
Abstract
Considering the increasing growth as well as the importance and position of FIDIC construction contracts in the international community, knowledge of existing laws and regulations in this area has also gained special importance. When unforeseen, unwanted, or following negligence of one of the parties to the contract occurs after special circumstances, one of the most important issues is to be aware of the conditions of responsibility and methods of compensation for damages that are somehow caused by non-implementation. obligations and other cases are correct and will play an important role in eliminating the losses that have arisen for each of the parties. Getting to know the damage compensation methods as one of the pillars of FIDIC construction contracts is a general framework that explains the limits of powers, obligations and responsibilities of the involved factors such as the employer, contractor and consulting engineer, the existence of any defects, ambiguity and contradictions in The contents of this collection will have a significant negative impact on the successful completion of the project. This research, while carefully examining one of the widely used international contracts, explains how to compensate the damages caused to the contract parties and tries to find a suitable solution to remove the damages in these contracts.
Keywords
Contractor
agreement
compensation
employer
liability
1- Shiravi, Abdul Hossein, (1398/1), International Trade Law, 11th edition, Tehran, Samit Publishing.
2- Shiravi, Abdul Hossein, (2/1398), International Commercial Arbitration, 8th edition, Tehran, Samit Publishing.
3- Baker, E, and Mellors, B, and Chalmers, S, eds, FIDIC Contracts: Law and Practice, 5th edition, British, 2009.
4- Bunni, Neal G,"FIDIC's New Suite of Contracts - Clauses 17 to 19" 17, International Construction Law Review (ICLR), Vol. 18, Part 3, 2001.
5- Chapman, Peter H.J, Dispute Boards, UK, 1999.
6- FIDIC, Condition of Contract for Construction (Red Book), 1 sted, Switzerland: FIDIC Publishing, 1999.
7- FIDIC, Condition of Contract for EPC/Turnkey Projects (Silver Book), 1st ed, Switzerland: FIDIC Publishing, 1999.
8- FIDIC, Condition of Contract for Plant and Design-Build (Yellow Book), 1st, Switzerland: FIDIC Publishing, 1999.
9- FIDIC, Conditions of Contract for Design, Build and Operate Projects (Gold Book), 1 st ed, Switzerland: FIDIC Publishing, 1999.
10- FIDIC, History, Available at: https://fidic.org/history (2021-1-10) (1399-10-21.
11- FIDIC, Short Form of Contract (Green Book), 1st ed, Switzerland: FIDIC Publishing, 1999.
12- Glover, Jeremy, "Liquidated damages: the differing approaches in the UAE and the UK", Fenwick Elliott, Issu16, UK, 2015.
13- Godwin QC, William, The 2017 FIDIC CONTRACTS, 1 ed, USA: Wly Blackwell, 2020.
14- Hok, Sebastian, FIDIC-A Guide for practitioners, Berlin Heidelberg: Springer-Verlag, 2010.
15- International Federation of Consulting Engineers, World Trade Center, IIPO Box 311, 1215, Switzerland: FIDIC, 2017.
16- Motiwal, James, Alternative Dispute Resolution, Indian: J. Publishing, 1997.
17- Smith, Herbert," FIDIC, ENAA and drafting bespoke clauses", Construction dispute avoidance newsletter, 37, Tokyo: Minato-ku, p.p:107-253, 2012.
18- Telford, Thomas, Federation Internationale DES Ingenieurs Conseils, 1 ed, turnkey, 1999.

  • Receive Date 14 March 2022
  • Accept Date 03 April 2022