Limitations Of Liability In ABR18 And FIDIC White Book

• Published date: 15 January 2024
• Law Firm: Kromann Reumert
• Author: Trine Gydemand Bielefeldt, Mia Thulstrup Gedbjerg and Cecilie Anthony Berno Hald

FIDIC White Book (FWB) and ABR18 both provide a basis for consultancy contracts in construction projects. FIDIC's contract system is often used if the construction project involves foreign players, ensuring that the parties have a common contractual frame of reference. The limitation of the consultant's liability is an important element to consider when deciding what basis of agreement to go with - but what does it mean for the consultant if the basis of agreement is FWB?

In which areas is FIDIC used?

FIDIC, short for Fédération Internationale des Ingénieurs-Conseils, has issued international standardised contracts for the construction industry since 1957. Widely used and recognised across national borders, FIDIC contracts are typically used on major construction projects where multiple international parties are working together.

That way, the parties will not generally need to concern themselves with national construction law regimes. If it is a Danish project or client, the background law will probably be Danish. If the agreement stipulates a different choice of law, the parties should consult a lawyer qualified to advise on the local interpretation of FIDIC terms and concepts.

In which...