Contemporary Methods of Resolving Disputes Arising from FIDIC Construction Contracts Between the Employer and Contractor

Document Type

Article

Source of Publication

Krytyka Prawa

Publication Date

1-1-2024

Abstract

This article aims to explore the key features of these amicable mechanisms within FIDIC contracts involving governmental administrations, with the goal of providing recommendations that can contribute to the development of comprehensive regulatory frameworks. The issue to be examined in this article is the level of regulation provided by the FIDIC contract texts regarding administrative construction procedures. The methodology employed for this article involved a descriptive analytical approach, which focused on analysing legislative texts relevant to the topic and examining all articles within the FIDIC contract that pertain to our research objective. This analysis allowed us to describe these provisions with an ultimate goal of finding a solution to address the problem under investigation. A key discovery was that the FIDIC construction contract only briefly mentioned amicable resolution methods in one article, without providing specific details. Based on this observation, a set of recommendations has been proposed, including the establishment of a dispute resolution council consisting of at least three persons. This approach is believed to enhance dispute resolution through amicable means by promoting discussion and consultation among its members and ultimately avoiding unneces-sary complications.

ISSN

2080-1084

Volume

16

Issue

3

First Page

258

Last Page

277

Disciplines

Business

Keywords

construction, contractor, dispute, FIDIC, management, settlement

Scopus ID

85205840527

Indexed in Scopus

yes

Open Access

no

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