FIDIC Time Bar Provisions

Given the frequency with which we have referred to, or had others refer us to, the English High Court case of Obrascon Hautre Lain SA v. Her Majesty's Attorney General for Gibraltar [2014] EWHC 1028 (TCC), we thought it would be useful to provide the following refresher.

Readers may recall the decision of The Hon. Mr Justice Akenhead in the English High Court case of Obrascon Hautre Lain SA v. Her Majesty's Attorney General for Gibraltar [2014] EWHC 1028 (TCC), and the useful discussion and views as to the interpretation and operation of aspects of clause 20.1 (and its inter-play with clause 8.4) of the standard FIDIC contract conditions – in this case, the version generally known as the "Yellow Book".