The article entitled “Legal Aspects of Using FIDIC Contracts in International Construction Projects in Ukraine” by Svitlana Teush, Head of Real Estate and Construction at Redcliffe Partners, and Lukas Klee, Consultant at Klee Consulting (Czech Republic), was published in the world’s leading journal on international construction law, “International Construction Law Review”, Issue No.1, 2018. The article provides an overview of current practice, as well as the historical background, in the use of FIDIC contracts in Ukraine (which have been used chiefly in projects funded by IFIs). It also discusses the practical difficulties surrounding the use of FIDIC contacts in Ukraine, which are rooted in the historical tradition of the state monopoly and overregulation of the industry, adherence to the civil law system, and the peculiarities of local practice.
The article compares how Ukrainian law and FIDIC contracts govern the following issues: risk allocation; contract price and timing; variations and contract amendments; taking-over of works and completion; guarantee and liability; termination; claim management; and dispute resolution.
Recent legislative developments are outlined which can be expected to improve the outlook for both the growing role of consulting engineers and the broader use of FIDIC contracts in Ukraine. These developments include, for example, deregulation and demonopolisation of the industry; recognition of the growing role of consulting engineers and importance of the independent supervision and quality control of construction; introduction of the profession of consulting engineers; certification of professionals by the industry’s self-governing associations; and the facilitation of licensing procedures.