FIDIC contracts (pre-2017 editions)—termination by the Contractor

Produced in partnership with Victoria Tyson of Howard Kennedy (acquired Corbett & Co.)
Practice notes

FIDIC contracts (pre-2017 editions)—termination by the Contractor

Produced in partnership with Victoria Tyson of Howard Kennedy (acquired Corbett & Co.)

Practice notes

This Practice Note considers termination by the Contractor under the FIDIC Red, Yellow and Silver Books 1999, the Gold Book 2008 and the Pink Book 2010. It does not address the right to terminate at law. Further, the governing law of the Contract may affect the operation of some of the clauses.

In relation to the 2017 editions of the Red, Yellow and Silver Books, see Practice Note: FIDIC contracts 2017—termination by the Contractor.

Who can terminate?

Both the Employer and the Contractor may terminate the Contract. Clause 15 sets out the procedure for Employer termination and Clause 16 sets out the procedure for Contractor termination. Termination is also addressed in Sub-Clauses 9.4, 11.4 and 19.6, and in Sub-Clause 10.7 of the FIDIC Gold Book. For more information about termination by the Employer, see Practice Note: FIDIC contracts (pre-2017 editions)—termination by the Employer.

The Contractor may terminate for cause or as a result of Force Majeure. It may not terminate for convenience.

Termination by the Contractor for cause

Grounds

Victoria Tyson
Victoria Tyson

Victoria Tyson is a director and a specialist international construction lawyer qualified to practise in England and Wales and Hong Kong. She has dealt almost exclusively with international construction law disputes since 1998 and has extensive experience in all forms of construction and engineering dispute avoidance and resolution. She has particular expertise in complex international arbitration and specialist knowledge of the FIDIC forms of contract. Victoria has worked on large construction projects around the world including airports, ports, motorways, railways, bridges, dams, water supplies, hydropower stations, wind farms, mines, oil and gas plants, and pipelines. She has worked with many bespoke and standard forms of construction contract, including FIDIC, NEC, ICE, JCT, and HKIA. Recently, she partnered with the Institution of Civil Engineers (ICE) Training and worked closely with the ICE Law and Contracts examination panel to develop a new portfolio of eLearning courses. Victoria has a construction background, qualifying with a degree in Building Management. She spent a year working for an architectural and surveying practice before embarking on her legal training, which she completed with Masons in London and Hong Kong. She spent a total of four years with Masons before joining the Construction Group of Herbert Smith’s Litigation and Arbitration Department. Upon her return to the UK Victoria joined Corbett & Co. where she was able to continue with her international focus.

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Jurisdiction(s):
United Kingdom
Key definition:
FIDIC definition
What does FIDIC mean?

The International federation of Consulting Engineers

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