Svitlana Teush, head of the real estate, construction, infrastructure and renewable energy practices at Redcliffe Partners, spoke at the conference titled “FIDIC Contracts in the Post-Soviet Union countries”. The conference was held in November in London and gathered experts from the CIS countries. Svitlana spoke on the topic “Amendments of the FIDIC contracts in Ukraine”, and discussed the reasons for, and examples of, making amendments to FIDIC contracts in Ukraine.
These are stipulated by the mandatory provisions of administrative law and public procurement procedures, the regulations on construction contracts. or the limited use of dispute adjudication boards (DABs). Svitlana also studied the case of using full-wrap EPC contracts under the “Silver Book”, as this form is being increasingly used in international projects in Ukraine, particularly in the renewable energy sector, which has been booming in Ukraine in recent years.
Svitlana noted that, other than in public procurement procedures, it should be possible to use FIDIC contracts without substantial changes affecting the principles and the balanced risk allocation, and with limited amendments. The use of FIDIC contracts and practices is facilitated by recent developments enhancing the role of independent engineers and industry self-governance, as well as the official translation of the FIDIC books into Ukrainian.
Redcliffe Partners would like to thank Pinsent Masons, Artyushenko & Partners boutique law firm, Trumpel and Partners and REVERA law firm for arranging the conference, and for the opportunity to speak.