Case Analysis

Email Disclaimers in Construction and Corporate Communication: Legal Myth, Practical Reality, and Strategic Use in a FIDIC and GCC Context

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Abstract Email disclaimers are a standard feature of modern corporate communication, yet their legal significance remains widely misunderstood—particularly in construction and EPC environments governed by formal contractual regimes such as FIDIC. This paper critically examines the legal status of email disclaimers through the lens of English common law, GCC civil law systems (with specific reference … Read more

Mastering Force Majeure under FIDIC Silver Book 2017: A Practical Professional Handbook

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Table of Contents 1. Introduction In international construction projects, unforeseen events can severely affect contractual performance, timelines, and costs. Force Majeure (termed Exceptional Events under FIDIC Silver Book 2017) provides a legal and procedural mechanism to relieve parties from liability when extraordinary events prevent or delay performance. This handbook offers a comprehensive guide to Force … Read more

When Design Delays Become Legal Weapons

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Abstract In large EPC and turnkey projects, delays are often treated as operational problems to be solved through acceleration, coordination, and resource deployment. However, in disputes governed by modern EPC contracts—particularly FIDIC Silver Book—the real battle is rarely about fixing delays. It is about who controls the legal narrative of causation. This paper examines how … Read more

When “HSE Requirements” Become Scope Creep

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Introduction In large EPC projects, especially those governed by FIDIC-based contracts, contractors are constantly required to balance two competing realities. On one hand, there is a genuine obligation to maintain high standards of health, safety, and environmental compliance. On the other hand, there is a growing tendency for employers and clients to use “HSE” as … Read more

Liability in the Age of Generative AI: Human Agency, Technology, and Proportionate Accountability

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Executive Summary Generative artificial intelligence (AI), including large language models (LLMs) and multimedia‑capable chatbots, are reshaping society and law. These systems can produce output that is creative, useful, controversial, or harmful. Central to legal and policy debates is whether AI tools themselves should be held liable for objectionable outputs, or whether liability should instead lie … Read more

Understanding FIDIC Silver Book Clause 21: Disputes, DAAB, and Arbitration Explained

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In the world of international construction contracts, disputes are inevitable, even in the best-managed projects. The FIDIC Silver Book (2017 Edition) anticipates this reality and provides a clear framework for resolving disputes efficiently. At the heart of this framework lies Clause 21 — “Disputes and Arbitration.” Understanding this clause is critical for contract administrators, project … Read more