Claims & Responses: The Engineer's Role in Stopping Disputes Before They Start
Claims and Responses: The Engineer's Role
Every claim needs a response and, under most contracts, this responsibility falls to the Engineer.
Under most common international contracts, the Engineer is required to review claims and respond neutrally and impartially, guided by the conditions of contract. In practice, though, Engineers often take a defensive position to protect the Employer's interests.
The problem is that an unfair, defensive response won't persuade the Contractor that their claim lacks merit. Instead, it pushes the Contractor toward raising a formal dispute just to secure what they're entitled to under the contract.
Avoiding Disputes
Disputes are bad news for any project. Rather than focusing on project delivery, the parties become tied up in resolving the dispute, burning significant time and money in the process.
And if the dispute is ultimately resolved in the Contractor's favor, all that time, cost, and effort is wasted. An Engineer who takes an unfair defensive position is the one who sets this chain of events in motion, which means that ultimately, this doesn't protect the Employer's interests at all.
Engineer's Responses
A response may have a number of outcomes:
- The Engineer may need additional particulars to help assess the claim and reach a conclusion
- The claim will be accepted in full
- The claim will be rejected entirely
- The claim will be accepted in principal, but with reduced quantum
The goal of any response should be to lay out the Engineer's findings clearly enough that both parties accept them, and to make both sides confident that pursuing a dispute would fail. This approach allows most claims to be resolved amicably as the project moves forward.
If the Engineer believes a claim has merit but can't reach a final conclusion because something is missing, the response should clearly specify what additional information is needed.
If the Engineer plans to accept a claim, whether fully or at a reduced amount, the response should give the Employer confidence that the award is fair and justified under the contract. Likewise, if the claim is being rejected or reduced, the response should give the Contractor confidence that the Engineer's findings are fair and reasonable.
Finally, the Engineer should meet any response deadlines set out in the contract. Delaying a decision doesn't make the issue disappear, and if a claim is valid, the Contractor should receive a time extension and/or prompt payment to support their cash flow. Both outcomes ultimately benefit the project, and by extension, the Employer.
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Termination and FIDIC: The 4 Key Clauses You Need to Know
Termination is a hot topic right now due to the current hostilities in the Gulf region. This article examines what the FIDIC contracts say on the subject, with a focus on the 4 key clauses you need to know and understand.
Sub-Clause 15.5 (Termination for Employer’s Convenience)
Sub-Clause 15.5 (Termination for Employer’s Convenience) provides that ‘The Employer shall be entitled to terminate the Contract at any time for the Employer’s convenience’. This is not linked to any reasons, so if the Employer decides that he/she no longer wishes to continue with the project, because of circumstances arising out of the hostilities, he/she may give the required Notice and the Contract will be terminated.
Sub-Clause 15.6 (Valuation after Termination for Employer’s Convenience)
Sub-Clause 15.6 (Valuation after Termination for Employer’s Convenience) provides that the Contractor shall be paid in accordance with Sub-Clause 18.5 (Optional Termination) for:
(a) ‘the amounts payable for any work carried out for which a price is stated in the Contract;
(b) the Cost of Plant and Materials ordered for the Works which have been delivered to the Contractor, or of which the Contractor is liable to accept delivery. This Plant and Materials shall become the property of (and be at the risk of) the Employer when paid for by the Employer, and the Contractor shall place the same at the Employer’s disposal;
(c) any other Cost or liability which in the circumstances was reasonably incurred by the Contractor in the expectation of completing the Works;
(d) the Cost of removal of Temporary Works and Contractor’s Equipment from the Site and the return of these items to the Contractor’s place of business in the Contractor’s country (or to any other destination(s) at no greater cost); and
(e) the Cost of repatriation of the Contractor’s staff and labour employed wholly in connection with the Works at the date of termination.’
and, under sub-section (b):
‘the amount of any loss of profit or other losses and damages suffered by the Contractor as a result of this termination.’
Clause 18 (Exceptional Events)
Clause 18 (Exceptional Events) deals with events that are beyond a Party’s control and includes war, hostilities and acts of foreign enemies as being the type of events that are considered by this clause to be exceptional events.
Clause 18.5 (Optional Termination)
Clause 18.5 (Optional Termination) provides that:
‘If the execution of substantially all the Works in progress is prevented for a continuous period of 84 days by reason of an Exceptional Event of which Notice has been given under Sub-Clause 18.2 [Notice of an Exceptional Event], or for multiple periods which total more than 140 days due to the same Exceptional Event, then either Party may give to the other Party a Notice of termination of the Contract’.
Conclusion
So, if the hostilities prevent execution for the periods stated, either Party may elect to terminate by giving notice. Payment to the Contractor is the same as described above under Termination for Employer’s Convenience, with the exception that the Contractor is not entitled to payment for loss or profit or other losses and damages under this clause.
Need to understand the full FIDIC contracts? Check out our Practical Use of FIDIC 1999 or Practical Use of FIDIC 2017 e-courses.
How to Claim During Periods of Regional Hostility
I have received several enquiries from Claims Class students citing the current hostilities in the Arabian Gulf and asking whether the situation provides grounds to claim. The answer, as usual, is “it depends”.
Firstly, in order to receive compensation, the contractor must have incurred some sort of damage. In other words, to have either suffered delay or incurred additional cost because of the event. If we think about the current situation, the contractor could be affected by the following:
- actual damage caused to the project as a result of the hostilities
- disruption to the supply chain caused by restrictions in the Straits of Hormuz shipping lane
- disruption to the supply chain caused by disruptions to flights
If hostilities continue or escalate, however, it is likely that the effects on projects will also increase.
What if the Contractor Has Been Affected?
Secondly, if the contractor has been affected, there must be a contractual mechanism to allow the Contractor to receive compensation. Most projects in the Gulf region are governed by the FIDIC contracts. The Red Book, 2017 Edition covers such a situation under Sub-Clause 18.1 (Exceptional Events), which provides the following:
““Exceptional Event” means an event or circumstance which:
(i) is beyond a Party’s control:
(ii) the Party could not reasonably have provided against before entering
(iii) having arisen, such Party could not reasonably have avoided or
(iv) is not substantially attributable to the other Party.
An Exceptional Event may comprise but is not limited to any of the following events or circumstances provided that conditions (i) to (iv) above are satisfied:
(a) war, hostilities (whether war be declared or not), invasion, act of foreign enemies;
(b) rebellion, terrorism, revolution, insurrection, military or usurped power, or civil war; …
(e) encountering munitions of war, explosive materials, ionising radiation or contamination by radio-activity, except as may be attributable to the Contractor’s use of such munitions, explosives, radiation or radio-activity;…”
For the above, it may be concluded that the current situation in the Gulf comprises an exceptional event as defined by FIDIC.
Sub-Clause 18.2 (Notice of an Exceptional Event), provides that:
“If a Party is or will be prevented from performing any obligations under the Contract due to an Exceptional Event (the “affected Party” in this Clause), then the affected Party shall give a Notice to the other Party of such an Exceptional Event, and shall specify the obligations, the performance of which is or will be prevented (the “prevented obligations” in this Clause).
This Notice shall be given within 14 days after the affected Party became aware, or should have become aware, of the Exceptional Event, and the affected Party shall then be excused performance of the prevented obligations from the date such performance is prevented by the Exceptional Event. If this Notice is received by the other Party after this period of 14 days, the affected Party shall be excused performance of the prevented obligations only from the date on which this Notice is received by the other Party.
Thereafter, the affected Party shall be excused performance of the prevented obligations for so long as such Exceptional Event prevents the affected Party from performing them. Other than performance of the prevented obligations, the affected Party shall not be excused performance of all other obligations under the Contract.
However, the obligations of either Party to make payments due to the other Party under the Contract shall not be excused by an Exceptional Event”
The Importance of Notices
Consequently, if either Party is, or will be prevented from performing any obligations because of the current situation, they must give Notice and will thereafter be excused performance of the affected obligation(s), although this does not apply to payments.
Sub-Clause 18.4 (Consequences of an Exceptional Event) provides entitlement to the Contractor to claim compensation as follows:
“If the Contractor is the affected Party and suffers delay and/or incurs Cost by reason of the Exceptional Event of which he/she gave a Notice under Sub-Clause 18.2 [Notice of an Exceptional Event], the Contractor shall be entitled subject to Sub Clause 20.2 [Claims For Payment and/or EOT] to:
(a) EOT; and/or
(b) if the Exceptional Event is of the kind described in sub-paragraphs (a) to (e) of Sub-Clause 18.1 [Exceptional Events] and, in the case of sub-paragraphs (b) to (e) of that Sub-Clause, occurs in the Country, payment of such Cost."
Having given the required Notice, the Contractor may claim for any delay to the Time for Completion caused by the hostilities. Additionally, because items (a) to (e) of Sub-Clause 18.1 (Exceptional Events) includes events such as those that are currently being experienced in the Gulf, the Contractor may also claim for payment of any additional Cost incurred.
I hope that this provides some guidance on the current situation and, if you are located in the Gulf region, I hope that you and your loved ones stay safe.
Understanding your contract and knowing which clauses provide entitlement is critical at the best of times, and especially during time of high risk. Check out our Practical Use of FIDIC 1999 and Practical Use of FIDIC 2017 e-courses and ensure you are best placed to support your project.
Notices of Claim and Civil Law
I recently read an interesting article by Joseph Durkin, Senior Vice President at Burford Capital. The article discusses notices, with a focus on the Saudi Arabian jurisdiction.
This region is known for using FIDIC. And under FIDIC, once aware of an event which provides entitlement to claim, the Contractor must submit a notice of claim within 28 days. If notice is not given, the Contractor loses all entitlement. Now, in a common law jurisdiction, the situation is simple. If the Contractor has signed an agreement which says that if they do not submit a notice, the court will uphold the Contract. As a result, the Contractor will not be entitled to anything. In civil jurisdictions, however, things may not be quite so straightforward.
The article refers to the findings of tribunals in Saudi Arabia, Dubai, Qatar and Kuwait. In these jurisdictions, the parties must act in good faith. The article explains that in some circumstances, however, the notice provisions have not been upheld either entirely or partially by arbitral proceedings or in the courts. The important phrase here, however, is “in some circumstances”. In some cases, the situation is certainly not clear cut-and in other circumstances, the time bar has been upheld. Whilst the article draws on Middle East experiences, it doesn’t matter where in the world you are working, this situation is fairly typical of civil law jurisdictions.
Given the uncertainty of such a situation, isn’t it better to simply give notice within the time frame rather than be forced to spend time and a lot of money challenging a decision via legal proceedings?
10 Tips for Notices
Preparing and sending a notice of claim is not an onerous task, so here are my 10 top tips for getting notices right:
1. Ensure that the document is identified as a notice.
2. Ensure that the notice is delivered to the address(es) stated in the Contract.
3. Ensure that the notice is delivered by the means stated in the Contract.
4. Ensure that the notice is copied to the Employer.
5. Make reference to the clause(s) of the Contract which require the notice to be given.
6. Briefly describe the circumstances of the event giving rise to the notice.
7. Record relevant dates in the notice.
8. Restrict the contents of the notice to the requirements of the clause that requires the notice to be given. Do not go into detail of the effect of the event. The time to do this is when you submit the particulars of the claim.
9. Avoid accusatory language and finger pointing. A simple statement of the facts cannot be argued and is less likely to elicit a defensive response.
10. If you are unsure whether the event will have an effect on the time for completion or will incur additional cost, send a notice anyway. If, having later examined the circumstances more thoroughly, you decide not to submit a claim, then it’s a simple matter to write to confirm the situation.
Interested in learning more about notices under FIDIC? Check out our FIDIC e-courses where we cover this topic and much more regarding your obligations, rights and remedies under these popular contracts.
You may also be interested in adding these books to your bookshelf: FIDIC 1999 Notices and FIDIC 2017 Notices.
How to Manage Delays and Change in Lump Sum Contracts
Lump sum contracts are one of the more common forms of agreements in the construction industry. They provide the client with a degree of price certainty, as the contractor agrees to complete the works for a single, pre-agreed amount. However, while this arrangement may seem straightforward, it often hides complex risks. This is particularly true when delays or variations occur. Understanding how lump sum contracts allocate risk, handle changes, and address extensions of time is critical for managing delays and avoiding disputes.
What is a Lump Sum Contract?
In the construction industry, the term “lump sum” is often used interchangeably with “fixed price,”. However, the two are not entirely synonymous. A true fixed price contract would make no allowance for any fluctuations in costs of labour, plant, materials or overheads throughout the construction period.
A lump sum contract involves the contractor agreeing to complete a defined scope of works for a single, pre-agreed total price. However, there is usually some opportunity for variation under specific conditions. These include issues such as changes to the design or scope, or where the client instructs modifications. Nevertheless, the mechanisms for such adjustments are far more limited than in other contractual arrangements. As a result, lump sum contracts are often viewed as transferring a greater share of risk to the contractor.
Change Management under Lump Sum Contracts
A common source of dispute under lump sum contracts is change management. Even with the best planning, variations are almost inevitable in any construction project. The challenge lies in how these changes are managed and compensated. Under a lump sum arrangement, disagreements often arise over whether a particular change constitutes a variation to the original scope, and if so, how it should be valued.
Such disputes can lead to delays, cost overruns, and strained relationships between parties. The key to avoiding these conflicts lies in the clarity of the contract documentation at the outset. A precisely defined scope of works, clear design details and unambiguous tender documentation are essential to minimising the chance of misunderstandings arising. Although this may result in a longer and more expensive tendering process, it can greatly reduce the potential for disputes during execution.
Extension of Time
Most standard forms of lump sum contracts recognise the need to allow for unforeseen circumstances. These are often dealt with by provisions for an extension of time (EOT). Should the contractor be responsible for this delay, there is very little recourse for them to claim for an EOT. However, variations instructed by the client (such as delays in the provision of information, adverse weather conditions, or other events beyond the contractor’s control) can give rise to an entitlement to an EOT. When granted, an EOT relieves the contractor from liability for liquidated damages for the extended period.
However, whether the contractor is entitled to the prolongation costs depends on the precise terms of the contract. Some contracts provide only for additional time without financial compensation. This leaves the contractor to shoulder the cost of their overheads and extended site presence.
Risks
Understanding these nuances is vital for contractors and clients alike. Lump sum contracts, while offering price certainty to the employer, can impose heavy burdens on contractors. It is vital that risks are properly identified and managed. The key to success lies in a combination of careful planning, clear communication, and sound legal and commercial advice.
Contractors should ensure that they fully understand the contract provisions relating to variations, EOT, and risk allocation before signing. Equally, employers should recognise that an overly rigid approach to scope or change management can undermine project collaboration and ultimately increase costs.
In conclusion, lump sum contracts can be effective tools for delivering projects within a defined budget. However, they demand meticulous preparation and awareness of the risks involved. Parties should seek legal representation or professional consultation to interpret the contract provisions accurately. It is important to understand which mechanisms are available to mitigate potential delays and additional costs.
By taking a proactive, informed approach, contractors and clients can navigate the challenges inherent in lump sum contracting and achieve successful project outcomes.
This article was written by Lydia Garside at DeSimone.
If you are looking to improve your contract administration procedures, and get a better understanding of managing claims under lump sum contracts, check out our Effective Contract Administration E-course.
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Construction Claims and Responses - 3rd Edition
We are pleased to announce the release of the third edition of Construction Claims and Responses. This is what the publishers have to say about the latest edition:
The latest and most up-to-date edition of the best hands-on guide to construction claims and claims response preparation
Like the previous books, the revised third edition offers clear, practical guidance. Renowned consultant Andy Hewitt shares his expertise on how to prepare and respond to construction claims. His approach is both authoritative and easy to follow.
Covering a variety of different types of claims – including variations, extensions of time, and additional payment – the book demonstrates an effective step-by-step process. building up a claim. After reading, you’ll understand how to break down the preparation of claims into manageable sections: contract details, causes, effects, entitlement, and quantum.
You’ll find worked examples of typical claims, complete with sample wording. The book also includes updated and simplified examples of responses, additional detail on cost calculations, and updates to maintain compliance with FIDIC 2017.
Readers will also discover:
- A thorough introduction to properly constituted and presented claims. This includes the establishment of contractual entitlement and comprehensive documentation.
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- Revised and clarified worked examples of common mistakes made in construction claims and responses.
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Author renowned construction claims and disputes consultant Andy Hewitt has held positions with contractors, sub-contractors and consultants. This included many years operating his own consultancy practice, both in the UK and in the Middle East. His experience has led him to specialise in contractual issues, claims and dispute management as both a consultant and as a teacher and trainer. To this end, Andy developed and launched Claims Class in 2012.
This book is perfect for construction professionals, preparing claims around the world. Construction Claims and Responses will also benefit those preparing responses to such claims. This includes quantity surveyors, contracts managers, project managers, claims consultants, commercial managers, engineers, architects, and adjudicators.
Float & Construction Projects: Understanding "Float" in Scheduling
In this article, we take a look at the subject of 'float' in construction project scheduling. On the most basic level, construction projects are intricate networks of interconnected tasks. When one task experiences delays, it can create a domino effect, disrupting the entire project timeline.
This is where the concept of float becomes invaluable. Let's try and take a look at how it works...
What Exactly is Float?
It represents the amount of time a specific task can be delayed without jeopardising the overall project completion deadline.
Consider the construction project programme as a chain. Each task is a link, and the critical path (used by project managers to schedule activities) is the tightest sequence of links that determines the project’s finish date. Sticking with the metaphor, float is the “slack” in the chain for non-critical links. It provides a buffer or flexibility within the schedule.
Are There Different Types of Float?
Here’s where it begins to get a little complex — there are different types, depending on context. But, for most scenarios, there are two key float concepts to understand:
- Total Float: (TF) is the time a task can be delayed without delaying the project’s completion date. For example, if a task is scheduled to start on Monday and finish on Friday, but the next dependent task does not start until the following Tuesday, the task has a total float of one day.
- Free Float: (FF) measures how much delay the current task can tolerate, without affecting the start of the next sequential task. It’s more localised than total float and applies to individual tasks rather than the project in its entirety.
Why is it Important?
While it might sound like technical jargon, float is a very powerful tool that can help teams learn more about their work. It can help improve the productivity of projects. Moreover, it's crucial for maintaining flexibility in project programmes. This in turn helps project managers allocate resources more effectively, handle unexpected delays, and prioritise tasks to keep a project on track.
As an example, imagine a project which – among a myriad of things – contains two near-term tasks:
- Paint walls
- Install light fixture
Painting has two days total float, whilst the light installation has none, as it is on the critical path. But with limited resources a delay occurs. In this scenario, by prioritising lighting, the the overall project timeline remains on-time. The painting task can be rescheduled by up to two days later without affecting the critical path and completion date.
This is where prioritising activities comes into play. Rescheduling activities allows for the most efficient use of float. Importantly, this will preserve the expected completion date.
As you can begin to see, understanding the concept supports better communication between stakeholders and avoids unnecessary panic over tasks that do not immediately impact deadlines.
The Key to Delivering Projects On Time and Within Budget.
Without a thorough understanding of float, you will struggle to successfully manage projects in the construction industry and will likely be confronted with delays. By incorporating it into project schedules, project managers can enhance efficiency, limit risks, and ultimately deliver projects on time and within budget. For more detail on the 'ownership' of float take a look at this article.
This article was written by Paul Woodley BSc, LLB, MCIArb.
If you'd like to learn more about planning, scheduling and delay analysis, check out our delay analysis courses and get started today.
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Claims Class dissected some of the most common construction challenges that arise on projects and revealed practical strategies to navigate them.
Topics covered:
- Whether the FIDIC Engineer can reject the Contractor’s programme?
- On a lump-sum contract, how do you deal with items included in the bill of quantities but not shown on the drawings?
- How to manage variations.
- The importance of accurately updated programmes and progress reports.
- How to perform delay analyses for claims.
- The importance of notices of claim.
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Mark Watson, LLM, FICCP, MRICS, MCIArb. Mark is an experienced construction claims, delay analysis, expert witness and mediation practitioner. He has acted on both client and contractor-sides, has been instructed by leading law firms to give evidence. This has included both oral and in report form as an expert witness in adjudication, arbitration and litigation dispute resolution forums on matters that arise on construction and engineering projects. Currently he is Managing Director for Decipher, a DeSimone company, in the UAE.
Sean Coady, DipArb, MCIArb, MRICS. A Chartered Quantity Surveyor with more than 35 years’ experience working for international main contractors and specialist subcontractors. Sean has worked on major projects across industrial, oil & gas, public transport infrastructure, healthcare, and commercial real estate sectors around the world. Currently he is Head of Commercial for Al Futtaim Engineering and Technologies in the UAE.
Float in Construction Scheduling: Who Owns It and Why?
This article examines ownership of float in construction, for an introduction to the concepts, see this article. Float, a fundamental concept in project scheduling and programming, represents the flexibility or delay tolerance within a project schedule. It signifies the amount of time by which it is possible to postpone an activity without impacting the overall project timeline. In particular, the critical path and contractual completion date.
The concept is relatively simple. However, its ownership and use can be complex, often subject to contractual interpretations and industry best practices.
Who Owns the Float?
Understanding the ownership of float (or slack) in construction project schedules can be challenging for many reasons. These include the specific type, the level of project planning expertise, and contract terms, or absence thereof. Take a look at the end of the article for a list of documents used in the creation of this article.
Shades of Ownership in Construction Contracts
AACE International clarifies that, in the absence of specific contractual language, ‘network float’, defined as the float available on any given path, is a shared commodity so no single party is at a disadvantage[1]. On the other hand, ‘project float’ is the time between the planned completion date and contractual completion date where the project is planned to complete before it is contractually obliged[2]. Where the contract is silent, project float is owned by the contractor. It can be used to accelerate the completion of a project or mitigate contractor-caused delays.
The Society of Construction Law (SCL) sets out that ownership is contract dependent. In one example, the SCL suggest that unless the contract states otherwise, if a delay event occurs which is employer related, and there is total float remaining, an extension of time (EoT) can be granted if the event will use all float available. This means it can be used to mitigate employer delay events.
The SCL discuss varying permutations of float ownership and resulting outcomes. They rightly point readers to their own project contracts for clarity. Ultimately, understanding and applying the principles of ownership requires a careful analysis of project context, contractual agreements, and industry best practices. Such an analysis will ensure, project teams can effectively manage project schedules, mitigate risks, and achieve project success.
The NEC Contract
According to standard NEC phrasing, ‘free float’ is shared and consumed on a first-come, first-served basis. Delays caused by compensation events or slow rate of progress can be mitigated using free float. In contrast, ‘terminal float’ and ‘time risk allowance’ are owned by the contractor.
To protect their rights, contractors using NEC4 must ensure that their project programs clearly show total or terminal float, and time risk allowance. Failure to do so could jeopardise their ability to rely on these types to mitigate delays.
JCT & FIDIC
As far as JCT contract wording goes, float is generally considered a shared resource. It is available on a first-come, first-served basis. This means that any party, whether contractor or employer, can use available float to mitigate delays.
Unlike NEC4 and JCT contracts, FIDIC contracts do not explicitly define float ownership. This means that parties involved in a FIDIC contract must agree on float allocation and use. Ideally this happens before any disputes arise. We cover this, and much more, in our Understanding Claims Under FIDIC 2017 course content.
By being clear about float ownership up front, project participants can avoid potential conflicts and ensure the efficient management of project schedules.
Where float is not properly accounted for, disputes may result. The consequences could include significant financial losses if one party is found responsible for covering the full claim.
A Breakdown of Float Ownership by Document
The following table summarises who owns what type of float according to various sources:
| Ownership According to Contract
| ||||||
| Contract Doc | NEC4 | JCT | FIDIC 2017 | AACE Protocol
| SCL Protocol | CIOB Protocol |
| Free float
| Shared | Shared | N/A | Shared | N/A | N/A |
| Total float
| Shared | Shared | N/A | Shared | N/A | N/A |
| Time risk allowance
| Contractor | Shared | N/A | Shared | N/A | N/A |
| Terminal float
| Contractor | Shared | N/A | Contractor | N/A | N/A |
The Evolving Landscape of Ownership
Despite the guidance provided by industry best practices and contract documents, determining ownership remains a complex issue. Each project has unique circumstances that can influence how float is allocated and used.
As technology continues to shape the construction industry, project timelines are becoming increasingly dynamic. Changes and unforeseen challenges are inevitable. It is therefore vital to carefully consider issues like float, concurrent delays, and delay analysis during contract negotiation.
By carefully considering these factors and seeking expert advice, when necessary, project teams can minimise the risk of disputes and ensure they meet their goals. Finally, should you be interested in learning more about delay analysis and how scheduling and planning techniques can be used to manage and assess delay, check out our delay analysis courses.
Documents Referred To:
- AACE International Recommended Practice No. 29R-03 Forensic Schedule Analysis
- CIOB Planning Protocol 2021
- SCL Delay Protocol 2nd Edition
- NEC4 suite of contracts
- JCT 2024 suite of contracts
- FIDIC 2017 suite of contracts
This article was written by Paul Woodley BSc, LLB, MCIArb.
[1] s 1.5 sub-s B. AACE. (2011). Forensic Schedule Analysis: TCM Framework: 6.4 – Forensic Performance Assessment. AACE International, Inc.
[2] s 4.3 sub-s E. AACE. (2011). Forensic Schedule Analysis: TCM Framework: 6.4 – Forensic Performance Assessment. AACE International, Inc.