Insights
Force Majeure after COVID-19: What Does It Really Mean?
Why a Pandemic-Era Buzzword Rarely Excuses Performance, and What Actually Does For a few months in 2020, “force majeure” was the most quoted phrase in construction. Sites closed, supply chains seized, labour could not travel, and parties across the industry reached for the clause they assumed would excuse late or
Liquidated Damages vs Penalty: Why the Difference Matters
How a Delay Damages Clause Stays Enforceable, and When It Risks Being Struck Down or Reduced Liquidated damages are among the most familiar provisions in any construction contract. A fixed sum, payable for each day or week that completion is late, is agreed when the contract is signed. It spares
Tender Errors: Can an Employer Take Advantage of an Obvious Mistake?
Where the Line Falls Between a Binding Bargain and Unfair Advantage in Construction Tendering Tendering is competitive, document heavy, and almost always done under time pressure. Prices are built from hundreds of line items, scope is interpreted from evolving information, and estimators work to deadlines that leave little room for
Delay Expert vs Quantum Expert: Understanding Their Roles in Construction Disputes
How Two Distinct Disciplines Combine to Prove Time and Money in Complex Claims When a major construction dispute reaches arbitration, adjudication, or the courts, the outcome rarely turns on legal argument alone. It turns on evidence, and increasingly on expert evidence. Programmes are dissected, cost records are tested, and two
The Importance of Contemporary Records in Construction Claims
Why Disciplined Record-Keeping Determines the Outcome of Delay and Disruption Claims On large, complex projects, claims are no longer the exception; they are a routine feature of delivery. Compressed programmes, evolving designs, interface-heavy engineering, and demanding stakeholder requirements all increase the likelihood that a contractor will, at some point, seek
Subject to Contract: When Do Negotiations Become Legally Binding?
Managing the Legal Grey Zone Between Negotiation and Commitment In today’s construction industry, projects rarely wait for paperwork to catch up. Clients want design work started, contractors want procurement underway, and programmes are agreed before every commercial term has been finalised. Letters of intent, early instructions to proceed, and correspondence
Two-Stage Tendering: Faster Procurement or Greater Risk?
Balancing Early Contractor Involvement with Commercial Certainty In today’s construction industry, clients face increasing pressure to deliver projects faster while managing rising costs, evolving designs, and increasingly complex stakeholder requirements. Traditional procurement routes, where design is completed before contractors are invited to tender, can struggle to keep pace with these
Fitness for Purpose vs Reasonable Skill and Care:
The Design Liability Divide That Continues to Shape Major Construction Disputes Understanding How Design Obligations Influence Risk Allocation, Insurance Exposure, and Project Outcomes In modern construction projects, few contractual concepts generate more misunderstanding—and more costly disputes—than the distinction between a contractor’s obligation to exercise reasonable skill and care and a
Risk and Reward Balance in PFI and PPP Models: What Public–Private Partnerships Have Taught Us
Balancing the Scales of Long-Term Concessions, Special Purpose Vehicles, and Strategic Risk Transfer In major infrastructure procurement, a Public-Private Partnership (PPP) or a Private Finance Initiative (PFI) is far more than a standard commercial arrangement. These multi-decade frameworks test the absolute limits of risk allocation, financial engineering, and operational resilience.
Management Contracting vs. Construction Management: A Strategic Guide
Managing the Process, Not the Works: Pros, Cons, and Key Success Factors In the landscape of modern project delivery, the shift from traditional general contracting to professional management models has fundamentally altered how risk, design, and site delivery are orchestrated. Management Contracting and Construction Management (CM) represent a strategic pivot:
Bank Guarantees in FIDIC Projects: Structuring Security, Managing Risk
Bank guarantees are often treated as standard contractual instruments, finalised at the point of award and rarely revisited until problems arise. In practice, however, they are among the few mechanisms that can transfer value immediately and materially between project stakeholders. In FIDIC-based projects, particularly in complex and cross-border environments, the
Common Pitfalls When Drafting Employer’s Requirements in Design & Build Contracts
Getting the Brief Right Before You Go to Market In Design & Build (D&B) procurement, the Employer’s Requirements (ERs) are far more than a technical appendix. They define the project brief, establish the performance baseline, and shape the project’s risk profile from day one. Well-drafted ERs enable genuine single-point responsibility,
When Do Re-Measurement and Cost Reimbursement Contracts Become a Real Advantage?
Unlocking value through flexible procurement in projects with unavoidable uncertainty In construction procurement, fixed-price lump sum contracts are often treated as the default option. They promise cost certainty, risk transfer, and clear accountability. However, experienced project investors know that this certainty is often illusory, particularly in projects where scope, quantities,
Traditional Lump Sum Contracts: The Fine Line Between Cost Certainty and Change Management
Strategies, Risks, and Practical Insights for Modern Construction Projects In major construction projects, traditional lump sum contracts are often seen as the safest route to price certainty. On paper, the promise is straightforward: a clearly defined scope, an agreed price, and a structured allocation of risk. Once construction starts, however,
Malmaison vs Adyard: How Should Concurrent Delay Really Be Analysed?
A Practical Framework for Project Managers and Delay Analysts Concurrent delay remains one of the most debated and most misunderstood issues in construction delay analysis. Despite decades of case law and guidance, there is still no single rule that resolves all concurrency disputes. Instead, outcomes often depend on how the
How FIDIC 2017 Clause 20 Changes the Claims Process
Strategies and Procedures for Effective Claims Management Under the New FIDIC Framework The release of the FIDIC 2017 suite marked a watershed moment in international construction contracting. Among the most significant revisions, Clause 20 underwent a fundamental transformation that has reshaped how both Contractors and Employers manage claims. For decision-makers,
FIDIC Evolution: From Employer-Sided to Balanced Contracts (1999 to 2017/2022)
Understanding Risk Allocation Shifts and Implications for Employer Protection The 2017 Second Editions of FIDIC contracts—later amended in the 2022 reprints—represent a pivotal evolution in international construction contracting. Compared to the 1999 editions, the 2017/2022 forms are longer, procedurally detailed, and appear more contractor-friendly in risk allocation. Yet, this evolution
Choosing the Right FIDIC Contract: A Strategic Guide to the Rainbow Suite
In today’s complex construction and engineering environment, selecting the right FIDIC contract is a critical strategic decision. The “Rainbow Suite” of FIDIC forms offers a structured framework to allocate risk, define responsibilities, and align project delivery with stakeholder expectations. Understanding the differences between these contracts helps both employers and contractors
Concurrent Delay Clauses in Construction Contracts: Enforceability Across Jurisdictions
A Comparative Perspective on Risk Allocation and Legal Enforceability In the complex world of international construction, time truly is money. Few issues create more tension between employers and contractors than project delays. When both parties contribute to delay — a situation known as concurrent delay — determining responsibility becomes both
Mastering Claims in FIDIC Contracts: A Project Manager’s Guide
Strategies, Procedures, and Insights for Effective Construction Claim Management In the world of international construction, claims aren’t a sign of failure—they’re an inevitable part of the process. For projects governed by FIDIC contracts, understanding how to manage claims isn’t just about recovering costs; it’s a strategic skill that protects a
