Beyond FIDIC standard forms: Legal harmonisation in international construction contracts
Development summary
Tariq Kamal Alhasan shows that FIDIC standard forms harmonise contractual language in international construction contracts without, by themselves, harmonising the legal consequences attached to notices, variations, delay, contemporary records, dispute-board determinations and arbitral proof. The central question is which domestic doctrines and transnational default principles govern those consequences.
Using FIDIC practice as its central case study, the article distinguishes contractual standardisation from legal harmonisation and identifies five recurring fracture points in international construction disputes. It proposes transnational default principles for construction and engineering contracts to supplement party autonomy and reduce doctrinal fragmentation.
Research note
Issue
Which domestic doctrines and transnational default principles govern the legal consequences of notice, variation, delay, and dispute-board provisions in FIDIC-based international construction contracts
Why does it matter?
The article separates the uniformity achieved through FIDIC drafting from the legal consequences that remain shaped by the applicable law and domestic doctrines. Its proposed transnational default framework seeks to preserve party autonomy while offering a more consistent basis for addressing international construction disputes.
Concepts
Academic details
“From FIDIC to uniform law: standard forms, legal consequences, and international construction principles”
Uniform Law Review · 2026
DOI 10.1093/ulr/unag035