Making A Claim Under Sub-Clause 20.1 Of The FIDIC Form
By Jeremy Glover
Cases in the courts involving the FIDIC form of contract are rare, because they tend to include an arbitration clause. However in the case of Obrascon Huarte Lain SA v Her Majesty’s Attorney General for Gibraltar, [2014] EWHC 1028 (TCC) was an exception.
This was a lengthy decision relating to a tunnel under a runway at Gibraltar airport, where Mr Justice Akenhead had to consider whether or not the employer, was entitled to terminate the contract. The contract was the FIDIC Conditions of Contract for Plant and Design-Build for Electrical and Mechanical Plant, and for Building and Engineering Works, Designed by the contractor, 1st edition, 1999 (better known as the “Yellow Book”). [Read more…]