Employer’s Risk, Special Risks, COVID-19 and the Devil's Advocate by Uditha Tharanga

When I published my previous articles on the Clauses of FIDIC Forms of Contract in light of the present
COVID – 19 pandemic, many have requested me to write about entitlement under FIDIC 1987 Red
Book. The fourth edition of the FIDIC red book is still being used in many projects in the Middle East
and there has been a high number of cases referred to me by my colleagues and the practitioners
recently. Unfortunately, when I discussed the matter with my colleagues, it came to light that, many
people including so-called experts in the industry are referring present situation either as a special risk
or employer’s risk event under FIDIC 1987 seeking relief. We will examine in this article why such
references are not correct.

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