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FIDIC'S NEW STANDARD FORMS OF CONTRACT

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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  Liability, Limitations

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