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ARTICLE · 17 AUGUST 2023

FIDIC – Know Your Risks

What is risk? Quite frankly it's just uncertainty. It's non-quantifiable events or circumstances that are avoided or minimised by effective project planning, procurement...

United KingdomCorporate/Commercial Law

What is risk? Quite frankly it's just uncertainty. It's non-quantifiable events or circumstances that are avoided or minimised by effective project planning, procurement and management throughout the contract. Risks don't simply go away if you plan for them, but they are capable of greater control. The greater the complexity of a project, the bigger the value of the project, the longer the contract period, the greater the risks that have to be planned and managed. The risk of a dispute is always ongoing.

The holy grail of risk allocation is achieving a fair and balanced allocation of risk. The effect of inappropriate risk allocation is failure to achieve one or more of the key project objectives e.g., price or quality. The more balanced the allocation of risk, the greater the prospect of project success. When working on risk allocation, there are a number of considerations; for example, whether the risk is within a party's control, whether a party can transfer the

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