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note that all these principles will be applied to the calculation of monetary exposure. based on these principles, contracts can be divided into three categories, namely: (1) agreements for building construction, (2) agreements for design, (3) agreements for the supply of goods and services.


the uk supreme court has confirmed the validity of the german courts' authority to hear claims against a company, holding that the articles of association in which the company is incorporated may only be amended if there is a special resolution of the shareholders. this decision confirms the long standing practice that it is the articles of association that are primarily responsible for the company's legal personality, and that these can only be amended by the shareholders.


 in relation to fidic, it seems that the most sensible approach is to adopt a practical, project-by-project approach and to err on the side of caution in the development of standard forms. contract users should be encouraged to engage in an ongoing dialogue with their fidic representatives to ensure that they are familiar with the standard forms of contract on which they intend to rely. if an fidic has not yet published any standard form of contract for a given project, it may be useful for the parties to discuss the issues of risk allocation and risk transfer in a joint risk analysis and to produce a risk allocation memorandum, which they may then negotiate in terms of the standard form of contract. this approach should be consistent with the underlying principles of good project risk management. 84d34552a1