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 Commercial Law 

FIDIC Rainbow Edition, 1999 updated: FIDIC Rainbow, 2nd Edition 2017 has been published
By Rechtsanwalt Dr. Götz-Sebastian Hök
In 2008, a significant landmark occurred in the development of the FIDIC contracts. This was the launch of the FIDIC Design, Build and Operate form of Contract—the FIDIC Gold Book. Major concepts and policies have been adopted by the new FIDIC...

Last updated Tuesday, February 13th, 2018[continue reading]

FIDIC has launched the new FIDIC Consultancy Agreements, 2017 Edition
By Rechtsanwalt Dr. Götz-Sebastian Hök
On the occasion of the annual Middle East FIDIC Users´ Conference 2017 in Abu Dhabi FIDIC has launched three new Agreements: The FIDIC White Book – Client/Consultant Services´ Agreement, 5 th Edition 2017 The FIDIC...

Last updated Thursday, February 23rd, 2017[continue reading]

The FIDIC Design Build and Operate Contract - Gold Book
By Rechtsanwalt Dr. Götz-Sebastian Hök
In 2008 FIDIC has published a standard form of Contract which extends the single responsibility of the Contractor to the operation service. It is known as the FIDIC Gold Book for Design Build and Operate. The concept is to...

Last updated Friday, June 24th, 2016[continue reading]

Fundamental or Golden FIDIC Principles - Do they exist?
By Rechtsanwalt Dr. Götz-Sebastian Hök
I should first clarify and underline that in my view Golden FIDIC principles [1] do exist. For instance the aim to fairly allocate risk [2] belongs to the Golden principles. Also I would include the aim that FIDIC wording is user friendly,...

Last updated Tuesday, February 13th, 2018[continue reading]

Offshore Projects under FIDIC
By Rechtsanwalt Dr. Götz-Sebastian Hök
  The offshore windmill industry and the renewable energy sector (including for instance hydro power, biomass, photovoltaik) in general use frequently FIDIC forms of Contract. In particular the FIDIC Yellow Book is obviously quite...

Last updated Wednesday, May 11th, 2016[continue reading]

FIDIC under the laws of Botswana – Default Rules
By Rechtsanwalt Dr. Götz-Sebastian Hök
FIDIC terms and conditions are well known standards for the procurement of construction services. Prof. Molineaux [1] has stated: The forms of contract of the Fédération Internationale des Ingénieurs-Conseils (FIDIC) are widely used and...

Last updated Thursday, July 9th, 2015[continue reading]

EPC Turnkey Contracts - Risk or Risk Avoidance?
By Rechtsanwalt Dr. Götz-Sebastian Hök
The correct and official name of the FIDIC Silver Book is „ Conditions of Contract for EPC/Turnkey Projects “. This suggests that this is the only and appropriate standard form of contract for EPC/T projects. However, the abbreviation EPC/T...

Last updated Friday, October 17th, 2014[continue reading]

SIGNIFICANT CASE LAW ON THE FIDIC FORMS OF CONTRACT - Development of a FIDIC case law?
By Rechtsanwalt Dr. Götz-Sebastian Hök
The dispute clauses under FIDIC forms of Contract 1957 - 1999 edition (Clause 67 FIDIC, 1 Edition, Sub-Clauses 20.2 et seq. FIDIC 1999 edition) provide for first dispute adjudication (until 1999 the Engineer had authority to give a...

Last updated Wednesday, December 7th, 2016[continue reading]

The FIDIC Joint Venture Agreement 1st Edition (1992) and 2nd Edition (2017)
By Rechtsanwalt Dr. Götz-Sebastian Hök
The FIDIC JOINT VENTURE (CONSORTIUM) AGREEMENT, 1 st edition 1992  was prepared essentially to be used for the association between two or more Consultants, when: the association is for marketing and/or performing the Services...

Last updated Thursday, March 15th, 2018[continue reading]

The FIDIC Subcontract for Works
By Rechtsanwalt Dr. Götz-Sebastian Hök
1. Introduction Naturally a subcontract is an ancillary contract depending on the existence of a main contract. Both contracts, the Main Contract and the Subcontract, are aimed at achieving the same objective or have a common subset of...

Last updated Monday, September 8th, 2014[continue reading]

FIDIC Training
By Dr. Götz-Sebastian Hök, Berlin
Throughout the world the use of FIDIC forms of Contract can be observed. The use of FIDIC forms of Contract requires care and diligence since the contract wording and the underlying concepts are embedded in the laws. More or less only English common...

Last updated Tuesday, December 15th, 2015[continue reading]

International Arbitration in the Construction Business and under FIDIC
By Rechtsanwalt Dr. Götz-Sebastian Hök
Private arbitration or (dispute) adjudication is a process built on consent in that parties agree that their respective disputes shall be settled by arbitrators or arbitral panels . Arbitral tribunals have considered that arbitration is an...

Last updated Wednesday, February 8th, 2017[continue reading]

FIDIC Dispute Adjudication 1999 and 2017
By Rechtsanwalt Dr. Götz-Sebastian Hök
Whenever possible, it is advisable to solve any differences or disputes by amicable settlement, since disputes are time-consuming and expensive. Most international contract forms therefore provide express stipulations through which the parties to...

Last updated Thursday, March 15th, 2018[continue reading]

FIDIC Claim Management
By Rechtsanwalt Dr. Götz-Sebastian Hök
FIDIC forms of Contract 1987, 1999 and 2017 require to manage claims with skill and care. Claims are aimed at the compensation of the Contractor or Employer for either breach of contract or risk which has eventuated. As has been confirmed by...

Last updated Thursday, April 5th, 2018[continue reading]

FIDIC Books have been translated
By Rechtsanwalt Dr. Götz-Sebastian Hök
The current FIDIC standard form contracts, published in 1999, are English-language standard forms for different types of contracts originally inspired by the elder ICE Standards. It is obvious that there is a need in the construction industry for...

Last updated Saturday, February 22nd, 2014[continue reading]

The Civil Law decennial (decennal) liability or
By Rechtsanwalt Dr. Götz-Sebastian Hök
FIDIC advises users of the FIDIC Suite of contracts, 1999 edition, that under some Civil Law jurisdictions the Contractor will be liable absolutely (without evidence for fault) for hidden or latent defects during a period of ten years from...

Last updated Sunday, September 11th, 2016[continue reading]

Risk allocation in the FIDIC Conditions of Contract (1999 & 2017) for Construction (Red Book) and the FIDIC Conditions of Contract (1999&2017) for EPC / Turnkey Projects (Silver Book) from the perspective of a German lawyer
By Rechtsanwalt Dr. Götz-Sebastian Hök
In 1999 FIDIC updated its existing standard forms of Conditions of Contract, i.e. the Conditions of Contract for Works of Civil Engineering Construction (the so-called “Red Book”) and the Conditions of Contract for Electrical and Mechanical Works...

Last updated Thursday, March 15th, 2018[continue reading]

Revocability of offers and tenders in the construction industry
By Rechtsanwälte Dr. Götz-Sebastian Hök und André Jahn
Whether there is a contract between the parties or not and if so what are its terms: these are common issues in construction litigation. The general rule is that the valid formation of a construction contract just like any other contract requires...

Last updated Friday, June 24th, 2016[continue reading]

Statutory security devices in construction contracts in France and Germany, a challenge to the parties´ freedom of contract favoured by the FIDIC terms
By Rechtsanwälte Dr. Götz-Sebastian Hök und André Jahn
In the past standard forms for international construction contracts did not include any type of security device covering compensation claims of the contractor other than a sample form of a Payment Guarantee which is actually rarely used in...

Last updated Saturday, February 22nd, 2014[continue reading]

Taking over, Acceptance and Completion Certificate under German law
By Rechtsanwalt Dr. Götz-Sebastian Hök
Although it is still uncommon to use standard forms of contract in English language for German projects it sometimes happens that FIDIC standard forms are used. In particular for off-shore windfarm projects FIDIC contracts are currently en vogue....

Last updated Monday, September 1st, 2014[continue reading]

Are Civil Law Engineers fit for FIDIC?
By Rechtsanwalt Dr. Götz-Sebastian Hök
The FIDIC standard forms, the so called Red Book, Silver Book, Yellow Book and Green Book (1999 1st Edition and 2017 2nd Edition) and since September 2008 also the Gold Book, sometimes seem to be a mystic thing for Civil Law engineers, who...

Last updated Thursday, March 15th, 2018[continue reading]

Specific performance in construction contracts under German law
By Rechtsanwalt Dr. Götz-Sebastian Hök
Construction contracts come in all shapes and sizes from the simple short form of Contract (the FIDIC Green Book) to the 1999 FIDIC suite of contracts (including the FIDIC Red Book, Yellow Book and Silver Book) and other Standards like NEC. It is...

Last updated Wednesday, June 22nd, 2016[continue reading]

Incoterms 2000 / 2010 and cross-border [sales] contracts
By Rechtsanwalt Dr. Götz-Sebastian Hök
Incoterms have been made and published by the International Chamber of Commerce (ICC) in Paris . One of the tasks of the ICC is to make it easier for companies in different countries to trade which each other. Incoterms are accepted world-...

Last updated Friday, July 8th, 2016[continue reading]