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Delivering Infrastructure: International Best Practice - FIDIC Contracts: A Contractor's View

Paper number
D022

Corinna Osinski

August 2002

A paper based on a talk given to the conference 'Delivering Infrastructure:
International Best Practice' organised by the Society of Construction
Law, Centre of Construction Law at King's College London, European
Society for Construction Law and Society of Construction Arbitrators and
held in London on 12th July 2002.

Corinna Osinski looks at the advantages and disadvantages of using standard
form contracts for international construction projects, taking FIDIC contracts
as her basis. She then looks at the balance of risk sharing between the
employer and contractor in the FIDIC forms, considering in particular
three clauses in the Yellow Book: notice of claims (clause 20.1), the
role of the engineer (clause 3) and termination by the employer (clause
15).

The use of standard form contracts - The FIDIC Yellow Book -
Conclusion.

The author: Corinna Osinski is Senior Legal Counsel with mg engineering
Stahlbau Plauen GmbH in Germany; earlier she worked as the Host Country
Legal Advisor of the US Department of Justice in Munich; she is also chairman
of the Legal Committee of the German Steel Construction Association.

Text 7 pages.

PDF file size: 175k