Clyde & Co LLP

This Practice Note deals with the selection and appointment of the dispute board members, and how they should operate once appointed.

This Practice Note discusses the use of dispute boards in various forms of contract (including FIDIC and NEC4), and considers how dispute boards are used on UK construction projects.

This Practice Note considers the pros and cons of the use of dispute boards.

This Practice Note looks at what dispute boards are, how they have evolved and where they are used, and what their advantages and disadvantages may be.

The employer's aim in EPC contracts is to pass almost all of the potential risks inherent in the project to its EPC contractor with the contractor pricing the contract accordingly. Nevertheless, the contractor can still make claims under turnkey contracts in specific circumstances. This Practice Note considers the types of claims that EPC contractors can make, the procedure for bringing a claim or resolving a dispute regarding a claim and the points to consider when negotiating the contract in relation to such potential claims.

This Practice Note examines the rights and remedies that are available to an employer when a contractor defaults under an EPC contract. It looks at the situation when there are delays to completion and also when an installation or project does not meet performance standards.

This Practice Note describes the processes of handover, testing and commissioning on EPC contracts, in what order they occur and what the implications are of each for both the contractor and the employer. It also describes which type of projects require testing and commissioning to take place and how these processes can impact on handover.

This Practice Note describes the types of limitation of liability provisions found in EPC contracts, the rationale for such clauses (particularly on large infrastructure projects), and how they should be drafted.

This Practice Note provides an introduction to EPC contracts—how they differ from traditional contracts, what the key aspects are, what type of projects they are used on and whether they are used with or without amendments.

This Practice Note looks at rail infrastructure projects. It considers the regulations of the railways and the rail industry, the common procurement routes for rail infrastructure works and significant provisions in rail contracts. It also looks at Network Rail’s alliance agreements.

This Practice Note introduces waste to energy infrastructure projects. It looks at procurement routes (including via waste PFI/PPP projects, where an authority provides the waste, and so called ‘merchant waste’ projects where the waste is sourced from the private sector) and forms of contract commonly used in this sector and also at key areas of risk and negotiation. It includes waste to energy projects using incineration of waste (often referred to as ‘energy from waste’ (or EfW)) and using non-incineration methods like anaerobic digestion or advanced gasification. The Practice Note highlights key points in these contracts that lawyers need to be aware of and some of the issues that funders and investors will take into consideration.