Chapter 12

Termination and Suspension

William Godwin QC

William Godwin QC

Member of the FIDIC 2017 Updates Task Group

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First published: 07 February 2020

Summary

The FIDIC contracts in both the 1999 and 2017 editions set out certain rights of each party to terminate the Contract and provide for payment and other consequences following termination. As well as giving the Contractor rights to terminate the Contract, the FIDIC Books in both editions give the Contractor a right to suspend the works in certain defined circumstances, set out in clause 16.1. The 2017 Books include grounds on which the Employer might terminate the Contract due to the Contractor's default than the 1999 editions, as well as setting out in detail. Clause 15.5 in both editions of the Books provides for the Employer to terminate the Contract for his own convenience, that is, without any fault on the part of the Contractor. The Contractor under clause 16.1 in both editions of the FIDIC contracts has express rights to suspend the works by reason of specified events of Employer default.

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