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What is this? The introduction of the Emerald Book is timely given the increasing number of infrastructure and energy projects with underground elements.
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The subcontract has been drafted on the basis of pay-when-paid not pay-if-paid , this being the most common commercial arrangement between contractors and subcontractors. FIDIC has, however, included guidance and sample particular conditions to assist the parties in jurisdictions where pay-when-paid is unenforceable such as in the UK.
The parties can refer disputes to an ad-hoc dispute adjudication board DAB. Conditions of contract for underground works Last year, in addition to publishing its new subcontract, FIDIC also launched a much anticipated new form of contract. Not just tunnel vision: A new contract for sub-surface works The new contract is designed for use in connection with all sub-surface works; it can be applied to all common excavation methods, including blasting and mechanised tunneling using special tunnel boring machines TBMs and may be appropriate for other types of work that include significant geotechnical uncertainty, for example for caverns used in the energy sector.
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