BARRIERS TO FIDIC CONTRACT IMPLEMENTATION IN DEVELOPING COUNTRIES: EVIDENCE FROM INDIA, NEPAL, BANGLADESH, AND AFRICA

Abstract The Federation Internationale des Ingénieurs-Conseils, or later, the International Federation of Consulting Engineers, (FIDIC) contract suite has become a globally recognized standard for construction contract administration, offering transparent procedures, balanced risk allocation, and consistent dispute-resolution pathways (FIDIC, 2017; Smith, 2020). Despite strong international endorsement, particularly by multilateral development banks (MDBs), implementing FIDIC in developing countries remains inconsistent and challenging. This study examines the barriers to FIDIC adoption across India, Nepal, Bangladesh, and countries in Sub-Saharan Africa—regions undergoing rapid infrastructure expansion but characterized by weak institutions, limited technical capacity, and complex legal environments. Using a qualitative synthesis of academic studies, legal commentaries, development agency reports, and practitioner insights, this research identifies five major categories of barriers: regulatory misalignment, institutional weaknesses, financial constraints, technical skill deficits, and cultural-behavioral resistance. Findings indicate that India’s codified contract law, federal administrative structure, and judicial emphasis on fairness frequently conflict with FIDIC’s strict procedural timelines (Khare & Mehta, 2023; Kulkarni, 2022). Nepal struggles with limited contract administration capacity, unclear procurement manuals, and the absence of structured dispute-avoidance bodies (Shrestha, 2024; Singh & Thakur, 2025). Bangladesh faces complex procurement rules, bureaucratic delays, and low contractor familiarity with FIDIC clauses (Bhuiyan, 2022; Rahman & Islam, 2022). African nations encounter political interference, capacity shortages, corruption risks, and heavy reliance on donor-modified FIDIC forms (Badu et al., 2020; Osei-Tutu & Badu, 2020). A cross-country comparison reveals that although all regions face similar categories of barriers, the nature and severity of these challenges vary due to differences in legal systems, procurement governance, and economic conditions. The study proposes reforms including procurement law harmonization, professional capacity building, localization of FIDIC templates, strengthened dispute-avoidance mechanisms, and standardized national contract manuals aligned with global best practices. These findings contribute to scholarship on construction governance, contract management, and public procurement reform.