FIDIC Limitation of Liability Under FIDIC — Enforceability and Scope FIDIC contracts typically include caps on liability — limits on the amount either party can recover for breach. These clauses are generally enforceable but are subject to fairness and reasonableness tests, and do not apply to all types of liability. 7 min read · Updated …
Tag: Cavendish v Makdessi
Permanent link to this article: https://www.e-basel.com/fidic/limitation-of-liability-under-fidic-e-basel/
Apr 27
Liquidated Damages & Penalty Rule in UAE Construction | E-Basel
Claims » Extensions of Time Liquidated Damages — Genuine Pre-Estimate Requirement Liquidated damages give the employer a simple, certain remedy for late completion — without proving actual loss. But a clause that imposes a sum wildly disproportionate to likely loss may be unenforceable as a penalty. The modern test is not what most practitioners remember …
Permanent link to this article: https://www.e-basel.com/construction-claims/liquidated-damages-penalty-rule-in-uae-construction-e-basel/
Authority Bio
About the Expert
Basel Al Najjar
Civil Engineering Consultant · Accredited Expert Witness
Arbitrator · Senior Project Manager
Specialising in construction claims, FIDIC contracts, and dispute resolution across the UAE. Acting as Arbitrator, Tribunal Chairman, and Independent Expert in high-value, multi-party disputes.
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