Studiu comparativ privind procedura revendicărilor în contractele FIDIC
Comparative study on the claim procedure in FIDIC contracts
Author(s): Oana-Ruxandra GherghinaSubject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: FIDIC Contracts; Dispute Resolution; Contractor's Claims; Engineer's Decision; Employer Claims; Dispute Adjudication Board; Waiver; Deferment Deadlines; Prescriptions
Summary/Abstract: Overcoming internationally imposed barriers of different legal systems, FIDIC contracts are universally acknowledged for the exceptional drafting flexibility that allows them to be used both in "common law”systems and systems based on civil codes. The author addresses in the paper in a non-exhaustively manner, the dispute resolution mechanisms of the FIDIC contract, analyzing the rights and obligations of the parties from this perspective. Thus, by briefly reviewing some controversial aspects of the Engineer's triple role in the contract, the author will be more leaning on the rights and obligations of the parties in the claim procedure, finalizing the work with a comparative analysis of the claim procedure applicable to the Contractor and the Beneficiary , in the perspective of the FIDIC Red Book 1999 contract and the New Civil Code.
Journal: Curierul judiciar
- Issue Year: 2017
- Issue No: 03
- Page Range: 138-145
- Page Count: 8
- Language: Romanian
- Content File-PDF
