Transcription of FIDIC'S NEW STANDARD FORMS OF CONTRACT
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FIDIC'S NEW STANDARD FORMS OF CONTRACT FORCE MAJEURE, CLAIMS, DISPUTES AND OTHER CLAUSES Seppala, Legal Adviser, FIDIC Task Group for updating the FL9IC International Conditions of CONTRACT , partner, White & Case LLP, Paris This article is divided into two parts. Part I discusses FIDIC'S three new Books for major works1 in relation to: 1 Contractor's risk and "Employer's Risk"2 2 indemnities; 3 limitation of liability ; 4 the new force majeure Clause; and 5 grounds and procedure for termination of the CONTRACT by the Employer and the Contractor. Part II looks at: 1 the new procedures for claims of the Contractor and the Employer; 2 the procedure for the settlement of disputes by the Dispute Adjudication Board (DAB); and 3 very briefly, international arbitration.
limitations. What has changed now in the new Books for major works? First, there is now a provision (Sub-Clause 17.6) limiting the Contractor's liability in all the new books, including the new Construction Contract. Like the Orange Book Clause, the new Clause: 1. excludes the Contractor's (and Employer's) liability for, among other things, loss
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