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Settlements in International Construction - Dispute Resolution Journal - Vol. 50, No. 3

Author(s): 
Charles B. Molineaux
Page Count: 
6 pages
Published: 
August, 1995
Practice Areas: 
Construction,
ADR
Author Detail: 

The author is an auomey with the firm of Wickwire Gavin, P. C., which has offices in Washington, D. C. , and is an affiliate member of FIDIC. He served on the FIDIC Orange Book Task Force which authored the Design-Build Conditions launched in January 1995. This article is a revised and updated version of a presentation to the World Conference on Construction Risk in Paris. It is also appearing in the International Construction Law Review, published in the United Kingdom.  

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Description: 

Originally from Dispute Resolution Journal

The trend in the construction industry for some time has been toward early dispute resolution. This article will consider some of the available options for application of this concept in the context of the most frequently used form of international contract conditions of the Federation Internationale des Ingenieurs-Conseils (FIDIC)- the Conditions of Contract for Works of Civil Engineering Construction, informally known as the Red Book.1

There is a certain inevitability to construction disputes. Consider the basic facts of construction, especially for heavy, or civil works: Almost every structure is newly designed; every site is different, improving technology mandates changes even in projects already under way and even in our low-tech construction industry.