CMGuide

FIDIC Payment Provisions: The IPC Process, Withholding, Set-Off, and Late Payment Interest

CMGuide — Mon, 08 Jun 2026 05:13:41 +0000

The FIDIC payment mechanism — spanning the Interim Payment Certificate process, withholding, set-off, and late payment interest — is among the most technically demanding and frequently disputed aspects of contract administration. This article examines how the payment machinery operates under both the 1999 and 2017 Red Books, identifies the key changes introduced in 2017, and provides practical guidance for contractors, employers, and engineers.

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Unforeseeable Ground Conditions Under FIDIC Sub-Clause 4.12: The Objective Test and What Contractors Must Prove

CMGuide — Sun, 07 Jun 2026 18:49:04 +0000

Ground conditions are one of the biggest sources of construction claims. FIDIC Sub-Clause 4.12 allocates that risk through an objective unforeseeability test — but what exactly must a contractor prove, and what has the 2017 edition changed?

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The FIDIC 2017 Claims Mechanism: Has the Time-Bar Beast Been Tamed?

CMGuide — Sun, 07 Jun 2026 18:26:53 +0000

The 28-day notice time-bar under FIDIC Clause 20 has extinguished countless meritorious claims. Did the 2017 suite reform it, or just restate it more clearly? A practitioner-focused analysis of what actually changed — and what remains unforgiving.

The post The FIDIC 2017 Claims Mechanism: Has the Time-Bar Beast Been Tamed? first appeared on CMGuide.

Reflecting on the Second Edition of International Contractual and Statutory Adjudication

CMGuide — Wed, 03 Jun 2026 19:47:44 +0000

By Dr Samer Skaik Over the past decade, my work in construction law and adjudication has consistently reinforced one reality: adjudication has become a cornerstone of modern dispute resolution across the global construction industry. It has therefore been a privilege to contribute to the Second Edition of International Contractual and Statutory Adjudication, as an Assistant […]

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Decoding Concurrent Delay: The SCL Protocol and Employer Responsibility

CMGuide — Sun, 14 Dec 2025 10:47:19 +0000

Delays in construction and infrastructure projects are almost an inevitability. But what happens when multiple delays hit at once, and some are the client’s fault while others lie with the contractor? This is the tricky terrain of concurrent delay, a concept that can lead to significant disputes over extensions of time and financial compensation. The […]

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Navigating the Tensions: A Guide to Mediation in Construction Disputes

CMGuide — Thu, 13 Nov 2025 14:39:07 +0000

Construction projects are inherently complex, often fraught with variables that can lead to disagreements, claims, and disputes. When a conflict arises, it can be costly in terms of time, money, and professional relationships. While a traditional approach might be to head straight to litigation, it is often more effective to leverage alternative dispute resolution (ADR) […]

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