A Study On The Term Of Time Bar In General Conditions Of FIDIC Contracts

The FIDIC contract is widely used in international engineering projects.This article is based on the FIDIC contract to study the reasonableness of the the term of time bar.At this stage,most of the theoretical studies have regarded the 28-day time bar of the FIDIC contract to be reasonable and justified.So this article will review the historical evolution of the time bar,discuss the theoretical issues and practical applications of the time bar,and mainly analyze the following four chapters:The first chapter is the theoretical analysis of the term of time bar’s concept and FIDIC’s relevant provisions.This chapter mainly analyzes the term of time bar’s concept,introduces the term of time bar’s development and discusses the term of time bar’s revisions in the 2017 FIDIC contract.The second chapter mainly introduces the legal nature of time bar term and its functions.It compares the term of time bar in FIDIC contract with the time bar term in the insurance law and railway and waterway cargo transportation contracts,so as to better analyze the legal nature of time bar in the construction project.The third chapter is the theoretical analysis on the time bar of FIDIC.This chapter mainly analyzes the rationality of the 28-day time bar in FIDIC contract in the view of contractors,mainly from the perspective of domestic law,the view of the extraterritorial legislative spirit and the principle of the allocation of engineering project risk.The fourth chapter is an empirical case analysis of the FIDIC time bar,which mainly analyzes cases from the common law and the continental legal system.It focuses on the softening of the attitude of the time bar in common law,and the attitude of Chinese courts is changing.Finally,according to the above theory and practice,combined with the FIDIC contract’s revisions in 2017,there are some suggestions for the field of construction engineering in China.In summary,this article will conduct a comprehensive analysis of the theory,domestic and international judicial practice to study the reasonableness of the 28-day time bar so as to better protect the rights and interests of the parties to the international engineering contract,to make up for the loss of the project and improve its claim management level,enhance its competitiveness in the international market.