FIDIC 2017 Notices
A guide to the requirements, content and composition of notices under the FIDIC Red, Yellow and Silver books Some of the biggest mistakes that contractors make when it comes to claims relate to notices. Such failures…
Claims Class Helps Student Secure US$1 Million
This month I am going to allow myself to pat myself on the back, because of a success story from a recent Claims Class student. A gentleman from an African country contacted me to discuss enrolling on one of our claims…
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.…