Representing a client before the FIDIC DAB
Client: Government authority
Industry: Waste management
The client, a government authority, sought help over claims brought by a contractor following a dispute over a new environmental process facility. The contract was the FIDIC Orange Book, a ”turnkey” contract which passed much of the risk to the contractor.
The project was being funded by one of the development banks which meant that when a dispute arose, multiple parties were involved in a complex contract.
A number of claims and counterclaims, including in relation to unforeseeable ground conditions and adverse weather conditions, were referred to a DAB where Fenwick Elliott represented the client.
Fenwick Elliott helped the client compile defences against the contractor’s claims, while constructing its own counterclaims. Where necessary, expert evidence was obtained.
Fenwick Elliott then represented the authority throughout the various DAB hearings.
Following the DAB proceedings, advice was offered to the client on the appropriate way to enforce and challenge the decisions made by the DAB.
Fenwick Elliott’s assistance gave the client clarity, enabling it to fully appreciate the true and realistic extent of the contractor’s claims, thereby allowing it to focus on the key issues in the case.