chapter  Chapter Sixteen
Time-Bar Clauses, Special Situations and Pitfalls
WithCyril Chern
Pages 119

While various aspects of time-bar type clauses have been touched upon in earlier chapters of this book, a further in-depth look is now taken at some of the nuances and potential pitfalls in the area of time-bar provisions under FIDIC contracts along with applicable case law and commentaries. Discussion of how and when notices to protect the claimant’s rights and not run afoul of time-bar provisions is discussed in detail. This is then followed by issues arising in the appointment of the dispute board, payment for decisions given by the dispute board and what to do with late decisions. In depth case law and discussion is had on all of these topics. The distinctions between the adversarial and inquisitorial systems are discussed and how this affect the dispute board decisions and case studies are presented for analysis along with samples of actual decisions for reference and use by the reader.