ABSTRACT

Suspension and Termination are covered in the Federation Internationale des Ingenieurs-Conseils (FIDIC) 2017 Contracts by Clause 15 and Clause 16. “Suspension” is one Party temporarily halting the execution of the Works due to a breach by the other Party, the Works then being restarted and resumed upon the ceasing of that breach. “Termination” is the permanent ending of the contract by either Party. The FIDIC contracts allow the Employer to terminate the Contract for a default by the Contractor, the Engineer giving a Notice to the Contractor, requiring him to make good/remedy the default within a specified time. After termination, the Employer may complete the Works and/or arrange for anyone else to do so. The Employer is required to pay the Contractor the amount certified in the Payment Certificate within 112 days after the Engineer receives the Contractor’s submission. The FIDIC 2017 Contracts include several new grounds under which the Contractor may terminate the Contract.