Plain-language explanations of key terms — for engineers and project managers, not lawyers.
The process by which the contractor transfers possession and control of the completed works to the employer. In FIDIC contracts, handover is formalised through the Taking-Over Certificate. A successful handover typically requires the works to be substantially complete, with as-built drawings, operation and maintenance manuals, and any other contractual deliverables provided. The date of handover affects the running of the Defects Notification Period.
A legal concept — recognised in some civil law systems and in the UNIDROIT Principles — where changed circumstances have fundamentally altered the equilibrium of the contract, making performance excessively onerous for one party. Unlike force majeure, hardship does not make performance impossible; it merely makes it much more difficult or expensive. Common law systems generally do not recognise hardship as a ground for relief absent an express contractual provision.