What is Included in ‘Lump Sum’?
A simple matter that often causes confusion is exactly what is included in a lump-sum price. Take a typical contract designed by the employer. The contractor is required under the contract to provide the works defined on the…
The Difference Between A Claim to the Engineer & A Claim in Arbitration?
A student recently asked, "is there any difference between a claim submitted to the Engineer and one submitted for arbitration?" My response was along the lines of “Yes, there frequently is, but there shouldn’t be”. The…
Claims for Additional Preliminaries as a Result of Variations
We are often asked for advice on variations. One question crops up time and time again. Does the contractor have entitlement to payment for additional preliminaries arising from variations? The short answer to the question…
Reflections on Construction in 2020
To say that 2020 has been an unusual year would be an understatement. Not just for the construction industry, but for all of us around the world. Despite the challenges, things are not entirely doom and gloom. We have all…
Why do Final Accounts lead to Disputes?
I recently provided advice on a dispute of US$250M. This sum includes variations, prolongation costs, acceleration costs, disruption costs and delay penalties. The dispute crystalised when the contractor submitted his final…
How Does FIDIC 2017 Affect Claims?
I guess like many of you, I have not had the opportunity to examine the 2017 editions of the FIDIC contracts in much detail, because as yet, I have not come across any projects that are using them. This situation will,…
Progress Updates – Fact or Fiction?
Contractors often shoot themselves in the foot when preparing progress updates for the employer’s team. Many times we see months worth of updates which present a rose-tinted view of project progress. Whilst it is tempting to…
FIDIC 1999 Notices – Andy Hewitt’s Latest Book
At the end of 2019 I was working with a contractor-client on several extension of time and additional cost claims. I needed to demonstrate that the contractor had complied with the contractual notice provisions in FIDIC.…
When Should You Use Abbreviations and Acronyms?
I have one piece of simple advice about using abbreviations and acronyms. Whether in claims, responses, contractual letters, reports or any important communications on your project: Do not use them…. at all… ever! Let’s look…
Need Staff Training During Lockdown? No Problem!
Whilst COVID-19 has caused immeasurable harm, it has at least taught us one good thing: people can work from home without a loss of efficiency. But what about staff training? Video conferencing (think Zoom, MS Teams, etc.)…