FIDIC Sub-Clause 20.1

1        Introduction

This paper has been written to examine in detail the requirements and consequences of Sub-Clause 20.1 of FIDIC Redbook 1999 edition. 

Baker states that:

“the contract administration provisions of the FIDIC forms were to be characterised as one word, the word would be ‘communication’. While failure to observe notice requirements or other mandatory procedures may have consequences in terms of rights…it is not the primary purpose of those requirements to deprive the Parties of entitlements through the artificial creation of procedural hurdles.”[1]

The purpose of Sub-Clause 20.1 is to give procedures for the dealing with notification of and justification of extension of time claims and additional payments under the FIDIC Redbook 1999 form of contract. It also sets out the decision process required to be undertaken by the Engineer.

In simple terms, pursuant to Sub-Clause 20.1, a Contractor must:

a)     Notify the Engineer of a claim within 28 of when the Contractor became aware of or should have become aware of an event or circumstance

b)     Submit within 42 days of when the Contractor either became aware of or should have become aware of an event or circumstance, a “fully detailed claim and full supporting particulars”

c)      Keep “contemporary records” to support his claim and permit the Engineer to inspect these records, obtain copies and/or instruct for additional records

On the other hand, the Engineer must:

a)     Respond within 42 days of receipt of a claim either approving, disapproving or requesting further particulars, all with “detailed comments”

b)     In any determination pursuant to Sub-Clause 3.5

a.      Consult with all parties to attempt to reach and agreement; and

b.     Make a determination if agreement cannot be reached in accordance with the terms of the contract, “taking due regard to all relevant circumstances”.[2]

Under FIDIC a claim is nothing more than a pipe dream unless notice has been given in accordance with the contract. A claim is an “assertion” of a right in connection with or under the contract.

1.1      Reference to Common Law

It is acknowledged that in the Middle East we are generally working in civil law jurisdictions which have been heavily influenced by Shari’ah law. I have included for the way of comparison only references to case law from common law jurisdictions. 

1.2      Authorship

The notes and comments contained below are those of the author. It is recommended that since all claims are unique that appropriate advise be sort on an individual basis.

The Sub-Clause states:

(Paragraph 1) - If the Contractor considers himself to be entitled to any extension of Time for Completion and/or any additional payment, under any Clause of these Conditions or otherwise in connection with the Contract, the Contractor shall give notice to the Engineer, describing the event or circumstance giving rise to the claim. The notice shall be given as soon as practicable, and not later than 28 days after the Contractor became aware, or should have become aware, of the event or circumstance.

(Paragraph 2) - If the Contractor fails to give notice of a claim within such period of 28 days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Employer shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this Sub-Clause shall apply.

(Paragraph 3) - The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all as relevant to such event or circumstance.

(Paragraph 4) - The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site of at another location acceptable to the Engineer. Without admitting the Employer’s liability, the Engineer may, after receiving any notice under this Sub-Clause, monitor the record-keeping and/or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Engineer to inspect all these records, and shall (if instructed) submit copies to the Engineer.

(Paragraph 5) - Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Engineer, the Contractor shall send to the Engineer a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and/or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:

(a)  this fully detailed claim shall be considered as interim;

(b)  the Contractor shall send further interim claims at monthly intervals, giving the accumulated delay and/or amount claimed, and such further particulars as the Engineer may reasonably require; and

(c)   the Contractor shall send a final claim within 28 days after the end of the effects resulting from the event or circumstance, or within such other period as may be proposed by the Contractor and approved by the Engineer.

(Paragraph 6) - Within 42 days after receiving a claim or any further particulars supporting a previous claim, or within such other period as may be proposed by the Engineer and approved by the Contractor, the Engineer shall respond with approval, or with disapproval and detailed comments. He may also request any necessary further particulars, but shall nevertheless give his response on the principles of the claim within such time.

(Paragraph 7) - Each Payment Certificate shall include such amounts for any claim as have been reasonably substantiated as due under the relevant provision of the Contract. Unless and until the particulars supplied are sufficient to substantiate the whole of the claim, the Contractor shall only be entitled to payment for such part of the claim as he has been able to substantiate.

(Paragraph 8) - The Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine (i) the extension (if any) of the Time for Completion (before or after its expiry) in accordance with Sub-Clause 8.4 [Extension of Time for Completion], and/or (ii) the additional payment (if any) to which the Contractor is entitled under the Contract.

(Paragraph 9) - The requirements of this Sub-Clause are in addition to those of any other Sub-Clause which may apply to a claim. If the Contractor fails to comply with this or another Sub-Clause in relation to any claim, any extension of time and/or additional payment shall take account of the extent (if any) to which the failure has prevented or prejudiced proper investigation of the claim, unless the claim is excluded under the second paragraph of this Sub-Clause.

2        Sub-Clause 20.1 Dissected

2.1      A requirement for notice:

If the Contractor considers himself to be entitled to any extension of Time for Completion and/or any additional payment, under any Clause of these Conditions or otherwise in connection with the Contract, the Contractor shall give notice to the Engineer, describing the event or circumstance giving rise to the claim. The notice shall be given as soon as practicable, and not later than 28 days after the Contractor became aware, or should have become aware, of the event or circumstance.

2.1.1      Contractor considers himself entitled

A notice under Sub-Clause 20.1 should be given if the Contractor considers himself entitled to an extension of time and/or additional payment. In this way the clause is only concerned with events which have actually happened. There is not requirement for a Contractor to notify for possible events or circumstances. 

However, Sub-Clause 8.3 also has a notice provision which states:

“The Contractor shall promptly give notice to the Engineer of specific probable future events or circumstances which may adversely affect the work, increase the Contractor Price or delay the execution of the Works…”. 

This stipulation is slightly different from the requirements of Sub-Clause 20.1 in that it is required promptly ie does not give a deadline. It also covers future events whereas it is suggested Sub-Clause 20.1 only covers events or circumstances which the Contractor has become aware of or should have become aware of and believes he may be entitled to an extension of time and/or additional payments.

Within FIDIC 1999, the specific clauses which stipulate Sub-Clause 20.1 should be used are:

·        1.9   Delayed Drawings or Instructions

·        2.1   Right to Access the Site

·        8.4   Extension of Time for Completion

·        8.5  Delays Caused by Authorities (via Sub-Clause 8.4)

·        8.9   Consequences of Suspension

·        10.2 Taking Over of Parts of the Works

·        10.3 Interference with Tests on Completion

·        13.7 Adjustments for Changes in Legislation

·        16.1 Contractor’s Entitlement to Suspend Work

·        18.1 General Requirements for Insurances

·        19.4 Consequences of Force Majeure

There is a degree of uncertainty as to which other clauses may give rise to claims pursuant to Sub-Clause 20.1. However clauses that require the Engineer to make a determination pursuant to Sub-Clause 3.5 are:

·        11.8 Contractor to Search

·        12.3 Evaluation

·        12.4 Omissions

·        13.2 Value Engineering

·        13.3 Variation Procedure

·        15.3 Valuation at Date of Termination

It is suggested that the reference under Sub-Clause 3.5 to “The Engineer shall give notice to both Parties of each agreement or determination, with supporting particulars. Each Party shall give effect to each agreement or determination unless and until revised under Clause 20 [Claims, Disputes and Arbitration].”, may indicate that clauses referencing Sub-Clause 3.5 may all come within the ambit of Sub-Clause 20.1.

2.1.1.1     ‘Extension of Time for Completion’

The events and circumstances in which a Contractor may be entitled to make a claim pursuant to Sub-Clause 20.1 are principally described in Sub-Clause 8.4 of the Contract which states:

“The Contractor shall be entitled to subject to Sub-Clause 20.1 [Contractor’s Claims] to an extension of the Time for Completion if and to the extent that completion for the purposes of Sub-Clause 10.1 [Taking Over of the Works and Sections] is or will be delayed by any of the following causes:

(a)  a Variation (unless an adjustment to the Time for Completion has been agreed under Sub-Clause 10.1 [Variation Procedure] or other substantial change in the quantity of an item of work included in the Contract,

(b)  a cause of delay giving an entitlement to extension of time under a Sub-Clause of these Conditions,

(c)   exceptionally adverse climatic conditions,

(d)  Unforeseeable shortages in the availability of personnel or Goods caused by epidemic or Government actions,

(e)   any delay, impediment or prevention caused by or attributed to the Employer, the Employer’s Personnel, or the Employer’s other contractors on Site.

If the Contractor considers himself to be entitled to an extension of the Time for Completion, the Contractor shall give notice to the Engineer in accordance with Sub-Clause 20.1 [Contractor’s Claims]. When determining each extension of time under Sub-Clause 20.1, the Engineer shall review previous determinations and may increase, but shall not decrease, the total extension of time.”

2.1.1.2           “additional payment”

The phrase “additional payment” is not defined within the Contract and as pointed out by Baker[3] raises the question “additional to what?”. It is suggested that in addition to this question is “what should this additional payment include?” It is suggested that the answer to the first question is any payment in addition to that which was contemplated by the contract pursuant to Sub-Clauses 12, 13 and 14.

With regards the second question, it is noted that the SCL Protocol states that prolongation is a compensation payment based on placing the Contractor back into the same position as he would have been had the event not occurred; the “but for” principal.  On this basis the Contracts definition for cost contained at Sub-Clause 1.1.4.3 may be applicable. It defines “Cost” as:

“all expenditures reasonably incurred (or to be incurred) by the Contractor, whether on or off the Site, including overhead and similar charges, but does not include profit.”

It should also be remembered that an extension of time does not automatically mean that the Contractor is entitled to prolongation costs.

2.1.2       “become aware, or should have become aware of”

The wording of Sub-Clause 20.1 suggests that notice should only be given when the event or circumstance exist in a form that gives the Contractor an entitlement to additional payment or extension of time and not before. That is the Contractor should not give notice if a situation exists which may at some time entitle him to additional payment of extensions of time.

If the sub-clause had of only used the term “become aware” then the situation would be simply that when the Contractor gained actual knowledge of the event or circumstance they should give note. This could lead to a situation where notice could be given months after the event or circumstance and the Contractor claiming that they had only just “become aware”. However the sub-clause is broader than that and includes the phrase “or should have become aware of”, this adds a new objective standard.

As the example given by Baker[4], in a situation where a Contractor is feeling the effects of adverse weather and the precise point of time where this adverse weather gets to a point to be covered under sub-clause 8.4(c) may not be obvious.

The 28 days’ notice period runs from when the Contractor was aware or should have become aware, not necessarily from when the event or circumstance commenced.

2.1.2.1     Awareness

The question of who needs to be “aware” of the event or circumstance needs to be addressed. The principle is who is the “directing mind” as per Denning LJ in HL Bolton (Engineering) Co. Ltd v TG Graham & Sons Ltd:

“Some of the people in the company are mere servants and agents who are nothing more than hands to do the work and cannot be said to represent the mind or will. Others are directors and managers who represent the directing mind and will of the company, and control what it does. The state of mind of these managers is the state of mind of the company and is treated by the law as such. So you will find that in cases where the law requires personal fault as a condition of liability in tort, the fault of the manager will be the personal fault of the company.” [5]

It is of course possible to delegate this directions, however in the absence of this delegations it is arguable that the awareness must be that of the “directing mind” i.e. directors and managers.

2.1.3      Notice

2.1.3.1      Requirement for notice

The first paragraph of Sub-Clause 20.1 stipulates a requirement for notice to be given to the Engineer.

2.1.3.2     28 Days

Sub-Clause 1.1.3.9 defines “days” as calendar days. The requirement to submit a notice as soon as practicable but within 28 days, is a condition precedent under this Contract.

2.1.3.3     Purpose of notice

Basically notice serves two purposes:

1)                      Allows investigation of the matter at the time and permits contemporaneous information to be collected by all parties; and

2)                      Allows the Employer the opportunity to explore alternatives to potentially reduce the time and/or cost of the situation.

“…Contractual terms requiring a contractor to give prompt notice of delay serve a valuable purpose; such notice enables matters to be investigated while they are still current. Furthermore, such notice sometimes gives the employer the opportunity to withdraw instructions when the financial consequences become apparent...”[6]

2.1.3.4     Notice requirements

Sub-Clause 1.3 requires:

“Wherever these Conditions provide for the giving or issuing of approvals, certificates, consents, determinations, notices and requests, these communications shall be:

(a)      in writing and delivered by hand (against receipt), sent by mail or courier, or transmitted using any of the agreed systems of electronic transmission as stated in the Appendix to Tender; and

(b)      delivered, sent or transmitted to the address for the recipient’s communications as stated in the Appendix to Tender….”

Based on this definition, notice has to be specific and in writing. Oral notice or notice via minutes of meeting may not satisfy this stipulation. However, if knowledge can be shown to have given to the Employer of the event or circumstance then that may prejudice their rights. This is particularly relevant in common law jurisdictions, but may have a different outcome in civil law countries.

Finally the notice has to contain a description of the event or circumstance giving rise to the claim.

Notwithstanding, the above, it is still advisable for any notice given under Sub-Clause 20.1 to actually state that it is done so.

2.2      Time bar on claim

If the Contractor fails to give notice of a claim within such period of 28 days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Employer shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this Sub-Clause shall apply.

2.2.1      Condition precedent

It is clear that the 28 day time limit is a condition precedent for the Contractor to be able to pursue his claim. This is even more evident if this paragraph is read in conjunction with the last paragraph of Sub-Clause 20.1.

2.3      Other notices may be required

The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all as relevant to such event or circumstance.

Should the contract require other notices other than the notice given under Sub-Clause 20.1, they are still required to be given along with a notice for 20.1. A notice given under another requirement of the Contract is not sufficient to satisfy the requirements of Sub-Clause 20.1.

2.4      Contemporary Records

The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site of at another location acceptable to the Engineer. Without admitting the Employer’s liability, the Engineer may, after receiving any notice under this Sub-Clause, monitor the record-keeping and/or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Engineer to inspect all these records, and shall (if instructed) submit copies to the Engineer.

The Contractor has to keep contemporary records. Acting Judge Sanders in Attorney General for the Falkland’s Islands v Gordon Forbes Construction (Falkland’s) Limited[24] stated that contemporary records were “original or primary documents, or copies thereof, produced or prepared at or about the time giving rise to a claim, whether by or for the contractor or the employer”.

Furthermore Judge Sanders found that it was not possible to avoid the requirement of detailed record keeping at the time of the event by the use of witness statements as witnesses memories may fail over time. There is no substitute for contemporaneous records.

The Contractors obligation to keep records is very broad and has to be undertaken without instruction from the Engineer.

What is important with contemporary records is that they are the records taken at the time of the event with an emphasis on instantaneous keeping of records or at least very close to the time of the event.

Ellis Baker suggests that “in relation to claims for both an extension of time and additional cost due to the Contractor being delayed in his progress of the Works, such records might include:

·               regular updates to the programme setting out the actual progress of the Works, in particular the activities affected by the delaying events, the impact of the delays to the affected activities on the progress of the Works and revisions to the planned sequence and timing of the remaining work to accommodate the delaying event;

·               records of the actual resources involved, including personnel, equipment and materials, based on progress;

·               records of actual expenditure incurred, including invoices and purchase orders;

·               records of any resources which were standing or uneconomically employed;

·               records of any overtime worked and the cost of such overtime;

·               regular progress photographs and/or videos, taken monthly, weekly or even daily, if appropriate;

·               regularly updated registers, for example the drawings register, which should record all revisions made to drawings and when they were made;

·               site diaries

·               records relating to specific work activities such as piling records, concrete pour records and steel fabrication records; and

·               minutes of meetings”[25]

The Engineer may request additional records be either kept or submitted. In determining what records are kept both the Contractor and Engineer need to keep in mind what records may be required to substantiate a claim.

2.5      A fully detailed claim

Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Engineer, the Contractor shall send to the Engineer a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and/or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:

2.5.1      42 days

The time stipulation contained within this paragraph is not a condition precedent like the 28 day provision of the second paragraph of the sub-clause because there is no consequence stipulated should the 42 days not be met, however failure to meet this time is still a technical breach of the contract as the use of the term “shall” makes it mandatory.

2.5.2     Agreement for longer period

The Contractor can propose a longer period than the 42 days for the Engineer to accept or reject should additional time be required.

2.5.3     Fully Detailed Claim

The Contractor should remember that he has the burden of proof for any claims. Therefore it should be set out in a clear and logical manner, including details of the legal basis.

“The importance of good record-keeping cannot be over-emphasised. The resolution of disputes frequently rests on the adequacy or contemporaneous records. If a Party declines to agree matters for record purposes, on the spurious ground that agreement of facts indicates admission of liability, the DAB or arbitrator(s) may decide to rely upon the other Party’s unchallenged contemporaneous records.”[26]

In the Australian Case of Kane Constructions Pty Ltd v Sopov[27] which adopted the UK case of McAlpine Humberoak v McDermott[28] it was found:

“McApline outlines the general approach which should be taken with respect to EOT claims. More specifically, with EOT claims, the burden of proof is on the claimant to establish actual delay. Whilst theoretical calculations, particularly those contained in computer software programs, are useful tools in the building industry, generally further information will be required. Whilst there may be assumptions and calculations, it is necessarily a matter of the claimant proving in the proper way that there has been actual delay such as to substantiate claims for reimbursement.”

2.5.4     Continuing effect

Where events of circumstances are of a continuing nature after the initial point in time where the Contractor becomes aware of or should have become aware of it, there is a requirement for interim claims. The details are in the following sub-clauses.

2.6      Interim claim

(a)   this fully detailed claim shall be considered as interim;

Any interim claims have to be fully detailed the same as final claims.

It is also arguable that when an event is continuing, the Contractor is required to give notice every 28 days or the second paragraph with the time bar provisions may apply. This can have far reaching ramifications on a Contract especially where they give some notices but not others.

2.7       Further Interim Claims

(b)  the Contractor shall send further interim claims at monthly intervals, giving the accumulated delay and/or amount claimed, and such further particulars as the Engineer may reasonably require; and

Should the event continue on for more than a month, monthly interim claims should be submitted. These would be fully detailed as (a) above denotes.

2.8      Final claim

(c)   the Contractor shall send a final claim within 28 days after the end of the effects resulting from the event or circumstance, or within such other period as may be proposed by the Contractor and approved by the Engineer.

After the event or circumstance has finished the Contractor has to submit his final claim within 28 days after the end of the effects of the event of circumstance.  This claim has to be also fully detailed as per (a) above. The 28 day period is not a condition precedent, however the use of the word “shall” makes the 28 day period mandatory although there is no actual sanction should the period not be adhered to except perhaps the last paragraph of 20.1 in that the failure to do so may be taken into account.

2.9      Engineer to respond

Within 42 days after receiving a claim or any further particulars supporting a previous claim, or within such other period as may be proposed by the Engineer and approved by the Contractor, the Engineer shall respond with approval, or with disapproval and detailed comments. He may also request any necessary further particulars, but shall nevertheless give his response on the principles of the claim within such time.

The Engineer has his own timetable which he has to adhere to. The Engineer has 42 days after the receipt of a claim in which to respond. This response can be acceptance, rejections (in which case a detailed commentary is required), or request for further particulars. 

This requirement applies to interim claims in the same way, the Engineer has 42 days from the submission of an interim claim to make his assessment.

Furthermore, it is clear that even if the Engineer does not consider the Contractor has provided a valid case or sufficient detail to permit an assessment, the Engineer is still under an obligation to respond.

This is not a condition precedent and there is not specific sanction should this time period not be adhered to except it would in theory be a breach of contract.

This period may be extended but only upon agreement between the Engineer and the Contractor.

This approach is supported by Sub-Clause 1.3 also which requires the Engineer make timely assessments and responses.

There is no restriction on the number of times an Engineer may request further and better particulars on a claim[29]. However the Engineer is obliged to make a prompt payment on elements of a claim they can reasonably substantiate under paragraph eight of Sub-Clause 20.1.

2.10 Payments to include substantiated claims

Each Payment Certificate shall include such amounts for any claim as have been reasonably substantiated as due under the relevant provision of the Contract. Unless and until the particulars supplied are sufficient to substantiate the whole of the claim, the Contractor shall only be entitled to payment for such part of the claim as he has been able to substantiate.

When part or the entire claim has been substantiated, prompt payment should be made. This provision does allow for part payment of a claim where only a portion of it has been substantiated.

2.11  Engineer shall determine

The Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine (i) the extension (if any) of the Time for Completion (before or after its expiry) in accordance with Sub-Clause 8.4 [Extension of Time for Completion], and/or (ii) the additional payment (if any) to which the Contractor is entitled under the Contract.

Should agreement not be achievable because of the information being provided by the Contractor for a claim, then the Engineer has the authority to make a determination pursuant to Sub-Clause 3.5 of the contract.

2.12 Determinations are to “take account of” failure, prevention or prejudice

The requirements of this Sub-Clause are in addition to those of any other Sub-Clause which may apply to a claim. If the Contractor fails to comply with this or another Sub-Clause in relation to any claim, any extension of time and/or additional payment shall take account of the extent (if any) to which the failure has prevented or prejudiced proper investigation of the claim, unless the claim is excluded under the second paragraph of this Sub-Clause.

2.12.1.1 “Shall take account of”

The use of the word “shall” makes it mandatory for the Engineer to take into account the actions or inactions of the Contractor. If the Contractors actions or inactions leads to an inability of the Engineer to “properly investigate” a claim then the Engineer has been prevented or prejudiced, then the assessment by the Engineer will take this circumstance into account.

This could also include a situation whereby a Contractor may receive an extension of time, but may have prejudiced the Employer in that the Employer was unable to take alternative actions. This may affect the Contractors ability to claim either/or time or additional payment.

2.12.1.2 “Unless the claim is excluded under the second paragraph”

If anything this reinforced the notion that the second paragraph of Sub-Clause 20.1 is a condition precident. The concept is that if a claim fails because it is time-bared then there is no need to make any further assessment of it so the previsions of this paragraph become surpurflus.

This paragraph should not be read as allowing a penalty to be applied in some arbitory manner, but that the Contractor should have been able to comply with the provisions of this Sub-Clause[30].

[1] Ellis Baker, “FIDIC Contracts: Law and Practice”, Informa, 2009, page 267

[2] K & L Gates LLP presentation

[3] Ellis Baker, “FIDIC Contracts: Law and Practice”, Informa, 2009, page 313

[4] Ellis Baker, “FIDIC Contracts: Law and Practice”, Informa, 2009, page 320

[5] [1957] 1 QB 159 at 172

[6] Multiplex Construction (UK) Ltd. v Honeywell Systems [2007] EWHC 447 (TCC)

[7] Christopher R. Seppala, “Contractor’s Claims under the FIDIC Contracts for Major Works”, (2005), 21(4) ICLR 278 at 287

[8] [1987] 39BLR34 CA

[9] Peak Constructions (Liverpool) v McKinney Foundations Ltd (1970) 1 BLR 114

[10] Gaymark Investments Pty Ltd v Walter Construction Group Ltd [1999] NTSC 143; (2005) 21 Const LJ 71

[11] (1970) 1 BLR 114

[12] [2007] EWHC 447 (TCC)

[13] [2008] 118 Con LR 177, [2008] BLR 79 TCC, [2007] EWHC 3454 (TCC), [2008] EWHC 3454 (TCC), and [2008] CILL 2544

[14] Steria Ltd v Sigma Wireless Communications Ltd [2008] 118 Con LR 177, [2008] BLR 79 TCC, [2007] EWHC 3454 (TCC), [2008] EWHC 3454 (TCC), and [2008] CILL 2544

[15] [2014] EWHC 1028 (TCC)

[16] Article 1(2) - Qatar Civil Code 2004

[17] Article 2 - UAE Civil Code 1987

[18] Civil Code Article 264(1)

[19] Jaeger Axel-Volkmar and Hok Gotz-Sebastian, “FIDIC – A Guide for Practitioners”, Springer 2010 page 23

[20] French Civil Code Article 1134(1)

[21] [1950] 1 KB 616 at 626

[22] [2010] CHIH 68 CA 101/00

[23] Ibid para 67

[24] (2003) 6 BLR 280

[25] Baker, Ellis – “FIDIC Contracts: Law and Practice” Informa, 2009, page ???

[26] The FIDIC Contracts Guide, FIDIC, 1st Edition, 2000, page 302

[27] [2005] VSC 237 (30 June 2005

[28] (1992) 58 BLR 1

[29] The FIDIC Contracts Guide, FIDIC, 1st Edition, 2000, page 303

[30] The FIDIC Contracts Guide, FIDIC, 1st Edition, 2000, page 303.1