i-law

International Construction Law Review

THE FIDIC TIME BAR CLAUSE: NEWS FROM RUSSIA

Alexey Vyalkov*

Senior Associate, Aitkulov & Partners, MJur (Oxon)

ABSTRACT

The article addresses some of the most common issues in international construction disputes arising from the FIDIC forms of contract, namely: (1) enforceability of the clause discharging the party from liability where the other party misses the 28-day time bar for giving a notice of its claim; and (2) applicability of this clause to claims for financing charges. The article discusses these issues as a matter of Russian and comparative private law in the context of the case of Plasticana v YVK decided by the Russian courts.
FIDIC sub-clause 14.8 – FIDIC sub-clause 20.1 – Time bar – Limitation – Russian law

INTRODUCTION

It is common to note cases decided very recently to capitalise on attention they have already grabbed. The purpose of this article is rather to attract attention to a Russian case, important for international construction disputes, which has long been overlooked.1
Plasticana v YVK, decided as a matter of Russian law, concerns some of the most common issues in international construction disputes arising from the FIDIC forms of contract, namely: (1) enforceability of the clause discharging the party from liability where the other party misses the 28-day time bar for giving a notice of its claim; and (2) applicability of this clause to claims for financing charges.

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