Construction Law/FIDIC 1999

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Question
Hi, i require an opinion on Fidic 1999.
1. Employer issued a 20.1 notice to claim instead of a 2.5 notice to a contractor.
2. The wrong notice was meant to provide the contractual basis for Employer' s counterclaim and right of set-off.
3. After settlement, the Contractor realises that Employer relied on wrong notice and that the grounds for counterclaim were weak to non-existent. Note the contractor was his first FIDIC 1999 job and was not familiar with the claims procedural requirements and believes the Employer took advantage of this.
4. In your view, can this be a case of misrepresentation on the part of the Employer ? can the Contractor void the settlement agreement on this basis and sue Employer for damages?
I am aware that this could be a legal issue but any hint from your experience would be appreciated. You can apply English law to this case.
Thank you for your time and effort.

Answer
Dear Jackie,

Thank you for this question.

This is a difficulty issue. The Contractor's inexperience will not stand, unfortunately; he will not be able to assert this as grounds to void the settlement. The Contractor will need to show significantly more to rely upon misrepresentation and there is insufficient information within your question to suggest misrepresentation.


I hope that this assists you.

Kind regards,
John Dowse

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John Dowse

Expertise

Legal; contract interpretation; quantum; delay analysis. Practitioner in arbitration, adjudication and mediation.

Experience

Thirty-three (33) years experience in building and construction, at all levels both within contracting and consulting organisations. Practising arbitrator, adjudicator, and mediator. Faculty approved trainer for the Chartered Institute of Arbitrators. Lecturer on construction contract forms and dispute resolution practices.

Organizations
Chartered Institution of Civil Engineering Surveyors Chartered Institute of Arbitrators Institute of Directors Society of Construction Arbitrators

Publications
Various UK and International construction and legal publications.

Education/Credentials
LLB (Hons), Pg Dip (Legal Practice), MCInstCES MCIArb MIOD Barrister

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