1st Edition
FIDIC Contracts in Europe A Practical Guide to Application
FIDIC contracts are the most widely used contracts for international construction around the world and are used in many different jurisdictions, both common law and civil law. For any construction project, the General Conditions of Contract published by FIDIC need to be supplemented by Particular Conditions that specify the specific requirements of that project.
FIDIC Contracts in Europe: A Practical Guide to Application provides readers with detailed guidance and resources for the preparation of the Particular Conditions that will comply with the requirements of the applicable laws that apply to the site where the work is carried out, and for the governing law of the contract, for a number of the jurisdictions in which FIDIC contracts are used. This book closely follows the format of The International Application of FIDIC Contracts, with the addition of an outline of the construction industry and information on the impact of COVID-19 on both the execution and operation of construction contracts in each jurisdiction.
This book is essential reading for construction professionals, lawyers and students of construction law.
List of figures
List of tables
About the editor
Table of cases
Table of legislation
List of contributors
Foreword
Acknowledgements
CHAPTER 1 INTRODUCTION
Dr Donald Charrett
CHAPTER 2 THE FIDIC GOLDEN PRINCIPLES
Dr Donald Charrett
CHAPTER 3 PREPARATION OF PARTICULAR CONDITIONS
Dr Donald Charrett
CHAPTER 4 APPLYING FIDIC CONTRACTS IN AUSTRIA
Dr Thomas Frad
CHAPTER 5 APPLYING FIDIC CONTRACTS IN BELGIUM
Rony Vermeersch and Mitch Windsor
CHAPTER 6 APPLYING FIDIC CONTRACTS IN THE CZECH REPUBLIC
Dr Lukas Klee, Vojtech Hradecny and Anastazie Jegorova
CHAPTER 7 APPLYING FIDIC CONTRACTS IN DENMARK
Dr Christian Johansen
CHAPTER 8 APPLYING FIDIC CONTRACTS IN ENGLAND AND WALES
Bill Barton
CHAPTER 9 APPLYING FIDIC CONTRACTS IN FRANCE
Michael Conrad
CHAPTER 10 APPLYING FIDIC CONTRACTS IN GERMANY
Dr Götz-Sebastian Hök and Dr Henry Stieglmeier
CHAPTER 11 APPLYING FIDIC CONTRACTS IN GREECE
Ioannis Vassardanis and Giouli Katsarou
CHAPTER 12 APPLYING FIDIC CONTRACTS IN IRELAND
Shane Dolan, Paul Bassett, Joanne McGilloway, Keith Newman, Stephen McGonagle, Tomás Corrigan and Cian O’Gorman
CHAPTER 13 APPLYING FIDIC CONTRACTS IN ITALY
Nicola Davide Romano
CHAPTER 14 APPLYING FIDIC CONTRACTS IN THE NETHERLANDS
Leendert C. van den Berg
CHAPTER 15 APPLYING FIDIC CONTRACTS IN NORWAY
Geir Frøholm and Robert Langeland
CHAPTER 16 APPLYING FIDIC CONTRACTS IN PORTUGAL
Miguel Lorena Brito and João Rocha de Almeida
CHAPTER 17 APPLYING FIDIC CONTRACTS IN SCOTLAND
Shona Frame and Laura West
CHAPTER 18 APPLYING FIDIC CONTRACTS IN SWEDEN
E. Daniel McKiernan
CHAPTER 19 APPLYING FIDIC CONTRACTS IN SWITZERLAND
Sam Moss, Dr Tino Schneider and Jean-Rodolphe Fiechter
Glossary
Index
Biography
Dr Donald Charrett is a barrister, arbitrator, mediator, expert and dispute board member practising in technology, engineering and construction (TEC) disputes. He is a Fellow of the Chartered Institute of Arbitrators and was a member of the FIDIC President’s List of Adjudicators. He was named a Thought Leader – Construction by Who’s Who Legal in 2019, 2020 and 2021. His legal publications include articles on expert evidence, FIDIC contracts, dispute boards, dispute avoidance and resolution, insurance, contract risk, forensic engineering, contractual lessons from past projects, design and construct contracts, quantum meruit and solidary liability.
This book is indeed a practical guide to the use of FIDIC contracts across the diverse landscape of engineering/construction contracting in Europe. Including, as it does, extensive input from so many eminent European experts, I have no hesitation in recommending it as a valuable resource for those professionals that are, or will be, involved with FIDIC’s forms of contracts on European project.
Siobhan Fahey, Chartered Engineer and Chartered Arbitrator, FIDIC President’s List Adjudicator, FIDIC Contracts Committee’s Principal Drafter of the 2017 FIDIC Contracts
I can highly commend this book on multiple levels – from its intention to provide a practical tool by which to draft the Particular Conditions to a FIDIC Contract to its secondary benefits providing invaluable insight into the operation of construction law across multiple jurisdictions.
Kiri Parr, Member of FIDIC Contracts Committee
FIDIC Contracts in Europe is an incredibly useful tool for understanding how these critical contract forms are used in civil and common law jurisdictions in Europe. The stellar cast of authors have provided insightful commentary in the various country chapters and the detailed introductory chapter by Dr. Charrett provide helpful guidance for any practitioner.
Sharon Vogel, Partner, Singleton Urquhart
Reynolds Vogel LLP, Toronto, CanadaAgreement on the effect of the contract given the specific legal and practical context of an international construction project is an essential feature for successful project delivery. This excellent book will be a fi rst point of reference for all of those involved.
Christopher Miers, FIDIC President’s List Adjudicator, Arbitrator, Architect
Dr Charrett has not only shared his own expertise on the FIDIC contract forms; he has also gathered a formidable team of authors to comment upon the use of these forms across Europe. This book will be valuable not only for its insights into how the forms are used in various jurisdictions but also for the cross-cutting perspectives offered in comparing the approaches across those jurisdictions.
Associate Professor Matthew Bell, Co-director of Studies for Construction Law, Melbourne Law School, The University of Melbourne
