Covid-19’un FIDIC Sözleşmelerine Etkisi

Anahtar Kelimeler: COVID-19, FIDIC, mücbir sebep, süre uzatımı, talep

ABSTRACT…

FIDIC published COVID-19 Guidance Memorandum in April, 2020. In this Guidance, COVID-19 pandemic has been expressed as an extraordinary event with a unique broad scale. FIDIC’s purpose is to help parties of a FIDIC contract “to consider mutually satisfactory solutions and avoid disputes arising between them.” The Guidance has been prepared without considering any specific legal system or jurisdiction. It provides seven different scenarios regarding the possible events that may occur between the parties due to COVID-19. FIDIC provides the related provisions of FIDIC contracts for each scenario. For most of them, an extension of time has been accepted. However, for financial remedies a further examination should be made within the contract. …

 The Guidance was drafted in a cautious manner. FIDIC gives a great importance to the social responsibility of the parties. Since the crisis progressively impacts everyone globally, FIDIC suggests not to implement a rigid approach which can lead to a booming escalation of insolvency cases. Other issues which are not expressly mentioned in the Guidance such as acceleration of works or duty of notices must also be taken into account while making a claim due to the COVID-19 under a FIDIC contract.…

Keywords: COVID-19, FIDIC, force majeure, extension of time, claim…