FIDIC 2010 ‘pink book’ – Delayed Payments to Contractor


What can Contractors do if payments are delayed by the Employer under a FIDIC ‘pink book’ contract?

(FIDIC ‘pink book’ means FIDIC 2010 MDB Conditions of Contract for Construction for building and engineering works designed by the Employer)

What are the timelines, notice periods and other requirements for Contractors to address and claim late payments under the Contract? This includes Contractor’s options to claim financing charges, suspend works, and terminate the contract following late payments and disputes about deductions and withheld payments.

What other options exist for resolving issues of late payments? What if payments are delayed not because of disagreements about completed work or quality, but by administrative delays or interference by government institutions such as auditors?

I studied relevant contractual provisions and collected ideas for solutions in a presentation. The presentation was originally made for my employer but I would like to share it publicly. It is a first overview about the issues, the relevant contractual provisions, timelines and notice periods, and other solutions not stated in the conditions of contract. The presentation does not include any analysis of the relevant case law or of national codes relevant to these issues in various jurisdictions.

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