LEGAL ENGINEERING OF FIDIC CLAUSES FOR AGILE AND DISPUTE-RESISTANT CONSTRUCTION

Abstract

Construction contracts often suffer from ambiguities and misaligned risk allocation, resulting in frequent disputes and project delays. FIDIC contracts, as internationally recognized standard forms, offer flexibility through particular conditions that allow for project-specific customizations. This study aims to explore the legal engineering of FIDIC particular conditions to foster agile project delivery while minimizing potential disputes. A normative legal research method is used, analysing comparative case studies and selected clauses in the 1999 and 2017 FIDIC Red Book editions. Findings indicate that strategic drafting of key clauses, such as those governing time extension, variations, dispute adjudication boards, and risk allocation, can significantly reduce contractual ambiguity and foster a more adaptive project environment. The study concludes that a systematic, legally-sound approach to tailoring particular conditions is essential to aligning legal clarity with construction efficiency. Recommendations include integrating dispute-avoidance principles early in the contract phase and involving legal professionals during the drafting process to ensure robust risk management and contractual agility.