There remains uncertainty within the industry on projects let on the FIDIC 1999 suite of contracts as to how a dispute adjudication board (DAB) decision which is binding, but not final and binding, is to be enforced in the event of non-compliance. Having recently enforced such a decision for a European construction and energy contractor wishing to recover losses, we have a few clear lessons for the industry. The contractor was seeking to recover losses from the employer that it had suffered on an infrastructure project.
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