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determination in FIDIC

Determination in Sub-Clause 3.7 of FIDIC 2017 YB and RB (and 3.5 of SB)

Sub-Clause 3.7 of the FIDIC Red and Yellow Books covers the vital role of the Engineer to determine an open issue (disputed claim). This, in case the Parties are not able to agree. The Silver Book has the same clause. But, as the latter doesn’t have the role of “Engineer”, Read more

By Jan Bouckaert, 7 years14 November 2019 ago

Tips For Construction Contractors to Get Paid On Time

This article on Contractors to get paid on time has kindly been made available to our blog by Paul Netscher. Previously, Paul had also published on negative cash flow for construction companies. Are you a construction contractor waiting for money? Late payments are every contractor’s nightmare. Late payments disrupt cash-flow Read more

By Jan Bouckaert, 7 years15 October 2019 ago

Challenges in recruiting a Commercial Director for export as SME

For a Small or Medium sized Enterprise (SMEs), recruiting a Commercial Director can be a stressful job. Doing this properly will consume a lot of time and energy from the general manager/owner of the SME. Only after a couple of months, it will become clear whether the actual choice was Read more

By Jan Bouckaert, 7 years6 October 2019 ago

Adversarial procedure or inquisitorial procedure?

Understanding their differences and consequences While lawyers, with few exceptions, are necessarily trained in one specific legal tradition (mainly civil law versus common law), other people faced with contracts are not obliged – and are better off – to choose not to specialize in a single tradition. This post, explaining Read more

By Jan Bouckaert, 7 years22 September 2019 ago

Contract manager: 5 steps to quickly be effective

This interesting article about the role of the contract manager has kindly been made available by Ahmed Mohamed to the readers of this blog. You can also find it on his blog at the following location: https://engamohd.blogspot.com/2019/08/5-steps-quickly-effective-contract-administration.html Definition of the Contract Manager’s role A contract is like a marriage, a Read more

By Jan Bouckaert, 7 years26 August 2019 ago

How are you perceived during contract negotiations?

In this post we will describe how important perception in contract negotiations actually is: How are you perceived by your counterpart during contract negotiations? How impacting is that perception? Is it enough to “have it right” and then spend time arguing about it? “It is the taste in the mouth Read more

By Jan Bouckaert, 7 years3 August 2019 ago

Act of God in Force Majeure clauses

When reading for the first time a typical Force Majeure Clause, most people are surprised to find the term “Act of God” therein. Contracts between businesses shouldn’t be mixed with religion, should they? Don’t worry, at the end of this article, it will all be much clearer.  When watching the Read more

By Jan Bouckaert, 7 years27 July 2019 ago

Bid / No Bid, decide with the head or with the heart?

In this post we look at some key considerations when deciding whether to bid or not to bid.

By Jan Bouckaert, 7 years25 July 2019 ago

The Rolling Stones on contract negotiation

The Rolling Stones are going to give us a little lesson about contract negotiation with their song “You Can’t Always Get What You Want”.

By Jan Bouckaert, 7 years10 July 2019 ago

Letters of credit: what impact for the contract manager?

Both a payment guarantee and a way of paying, the letter of credit (L/C) or documentary credit is a banking tool that is well known to exporters and importers. This article is about the strong impact an L/C can have on the contract management.

By Jan Bouckaert, 7 years4 June 2019 ago

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