The NEC family of contracts, short for New Engineering Contract, is a suite of standard forms of contract published by the Institution of Civil Engineers (“ICE”). NEC is designed for construction, engineering, and infrastructure projects and is used widely in the UK public sector. Its use has also expanded globally, particularly in jurisdictions such as […]
Understanding Risk Allocation in FIDIC Construction Contracts
Construction contracts do more than set out scope, price, and timelines – they also determine how risks are allocated between the parties.[1] Risk allocation is often described as the “soul” of a construction contract because it defines who bears responsibility when projects face design errors, cost overruns, delays, or unforeseen site conditions.[2] The Fédération Internationale […]
Errors in the Employer’s Requirements under FIDIC Contracts: Legal Implications and Lessons Learned
Errors in the Employer’s Requirements (“ER”) are a recurring source of disputes in international construction projects governed by International Federation of Consulting Engineers (“FIDIC”) contracts. These requirements define the project’s technical and functional criteria, and errors can have significant legal and financial consequences for both employers and contractors. This note examines how such errors are […]
Managing Construction Disputes: Understanding the Causes
Construction projects are inherently complex endeavours that involve multiple participants, demand coordination, and carry inherent risks.[1] They bring together a wide range of stakeholders, technical experts, and layers of documentation that can run to hundreds or even thousands of pages. Every project operates under tight deadlines and budget pressures, where even minor delays or disruptions […]
AI Construction Arbitrator: Revolutionising the Future of International Arbitration?
Artificial intelligence (AI) is rapidly transforming industries worldwide – and now, it is reshaping the field of international arbitration. The American Arbitration Association (“AAA”) and its international division, the International Centre for Dispute Resolution (“ICDR”), are pioneering this revolution with the launch of an AI-powered arbitrator dedicated to construction disputes. Beginning in November 2025, this […]