How to Ensure a DAB is Formed Correctly
March 17, 2019
A blog subscriber recently asked for some advice on the setting up and organisation of a Dispute Adjudication Board (DAB). They specifically wanted to know what might be done if one of the parties is trying to frustrate the dispute procedure by refusing to agree to the appointment of the DAB. The following advice is related to the FIDIC contracts but may be equally applied to other forms of contract that have dispute board provisions.
Notices: Should a Contractor submit if he is not sure whether he intends to make a claim?
FIDIC,Construction Claims,Notices
January 15, 2019
A Claims Class blog follower recently asked for advice on the correct interpretation of FIDIC Sub-Clause 20.1 (Contractor’s Claims) with regard to situations where the Contractor is not sure if he will submit a claim or not.
It’s not unusual for the Contractor to become aware of an event that may cause delay, the occurrence of additional Cost or entitlement for additional payment, but at the time that he becomes aware, he may not be aware of the final effect of the event.Read more
5 Tips for Success When Claiming for Variations
Andy's Blog,FIDIC,Construction Claims,Variations
December 18, 2018
A question that I am often asked during CPD talks and claims training courses is “is it necessary to submit claims for a variation?”. Unfortunately, I am going to have to give a lawyer’s answer to this and say that “it depends”.
If the party responsible for administering the contract follows the procedure set out in most forms of contracts for instructing variations, then the answer is “no”, because the variation has been acknowledged and it will either be measured and evaluated as part of the remeasurement on a remeasureable contract or as a separate evaluation leading to a change of the contract price of a lump sum contract.Read more
An Explanation of ‘Time at Large’
Andy's Blog,Construction Claims
November 15, 2018
A blog reader asked for an explanation of “time at large”. This is not something that I have personally come across in practical terms, so for the advice that I am about to give, I am indebted to my ex-boss, Roger Knowles, who provides an explanation in his book, 150 Contractual Problems and their Solutions. Roger explains:
"Time is at large when a contract is entered into with no period of time fixed for completion. Where this occurs, the contractor’s obligation is to compete within a reasonable time."
I have never experienced such a situation and I expect that when it does occur, it will be on Read more
Inadequately Expressed Claims: the second most frequent reason for disputes
Andy's Blog,Construction Claims,Industry Commentary,Disputes
October 16, 2018
ARCADIS have recently published their Global Construction Dispute Report 2018 and unsurprisingly “Poorly drafted or incomplete/unsubstantiated claims” is reported as the second most frequent reason for disputes. This annual report has consistently ranked the same reason highly for several years, so it seems that the industry is not learning the fact that the onus is on the claimant to properly prove his case and that failure to do so will be costly and time-consuming.Read more
Delay: Choosing the right method for your dispute
September 23, 2018
How should delay be analysed and what options are available? When a delay occurs on a project, analysing cause and effect is vital to understanding where liability lies. Delay analysis (sometimes called Forensic Planning) is something which some refer to as a ‘dark art’. Arguably because it’s often misunderstood by those who carry it out or claim to understand it. This article aims to set out some of the key elements to consider when undertaking an analysis or working with an analyst to demonstrate delay.Read more
What Qualifies As Force Majeure Under FIDIC?
Andy's Blog,FIDIC,Construction Claims,Prolongation Costs
September 17, 2018
One of our blog subscribers requested advice on Force Majeure under the FIDIC Red or Yellow books. The good news is that the FIDIC Force Majeure clauses are just about the same under the Red, Yellow, Silver and Gold forms of contract, so this is applicable to all of them.Read more
How To Ensure Engineer’s Responses And Instructions Do Not Result In Expensive Claims
Andy's Blog,FIDIC,Construction Claims
August 25, 2018
A request was raised by one of our blog followers to examine the Engineer’s duty to provide instructions and responses within a reasonable time. In my experience, failure of the Engineer to comply with such obligations often gives rise to claims, so this is definitely worth a blog. I shall use the 1999 FIDIC Red Book as an example, although other forms of contract also contain similar provisions.
How to Administer the Contractor’s Programme
Andy's Blog,FIDIC,Construction Claims
July 17, 2018
One of our followers asked for some advice on the administration of the Contractor’s programme. The questions raised relate to fairly frequently occurring situations, so this subject is definitely worthy of a blog post. I have reproduced the queries below and I will refer to the FIDIC forms of contract and terminology when providing my advice.Read more
How To Achieve Company Success By Improving Your Employees’ Skills And Knowledge
June 30, 2018
Does your company have difficulty in successfully pursuing or resolving claims? Do your employees have detailed knowledge of the FIDIC forms of contract? If not and you are a contractor, this could be significantly affecting your profitability. If you are a consultant, this will be affecting the profitably of projects that you are managing and this will reflect badly on your professional reputation.Read more