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Why is it important to understand your contract (from a claims perspective)?

Did you know that there are 11 clauses in the FIDIC Red Book form of contract that allow the Employer to claim money from the Contractor and 16 clauses that allow the Contractor to claim either time, money or both from the Employer?

No? Well, to be honest, neither did I until I sat down and counted them when writing a book on the subject…and I have been dealing with the FIDIC contracts in detail and extensively for around 15 years!

This just goes to show that if an ‘expert’ such as myself is sometimes surprised by things, then less familiar users will almost definitely fail to appreciate all the nuances of what are very complicated contracts.

In the current market, money is tight in the construction industry. Employers are seeking the best (more…)

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Construction Claims Basic and Intermediate E-Courses: What’s the difference?

We currently have two e-course options on the topic of Construction Claims: Basic and Intermediate. But what’s the difference? And which one should you take if you’re looking improve how you write and manage construction claims? In this blog we look at each course and answer those questions to help you decide which one could be best for you…
Construction Claims Basic E-Course

The Construction Claims Basic E-Course is our ‘no frills’ course. You get 24 video tutorials delivered via 6 modules that focus on:

  1. Contract Administration for Claims
  2. Types of Claims and Procedures
  3. Delay Analysis
  4. The Essential Elements to a Successful Claim
  5. Compilation and Presentation of Claims and Responses
  6. Responses, Determinations and Disputes

You simply sign up and work through the videos at your own pace. 

Construction Claims Intermediate E-Course

By comparison, the Construction Claims Intermediate E-Course offers a more practical and involved learning experience.

You still get 24 video tutorials delivered via the same 6 modules but you also get: (more…)

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Do the Sanctions Against Qatar Qualify as Force Majeure?

Depending on where you are in the World, you may or may not be aware that certain political sanctions were recently imposed against Qatar by Bahrain, Egypt, Saudi Arabia and the United Arab Emirates. Diplomatic ties have been severed and an embargo on all land, air and sea connections between these countries and Qatar has been put in place.

Given the fact that Qatar is very busy constructing a number of projects in preparation for the FIFA World Cup in 2022, it’s unsurprising that we have had some requests for advice from contractors whose operations in Qatar have been affected by the sanctions and are who are looking for a means of claiming extensions of time and/or damages. Most of the queries are along the lines of: are claims eligible under the FIDIC provisions of force majeure?

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E-Course Trial | Leveraging Lessons and Implementing Improvements

It’s no secret by now (we hope!) that Claims Class is launching e-courses in 2017 and, over the past couple of months, we have been running a trial of our first e-course, a Construction Claims Intermediate E-Course.

Running the trial was definitely a worthy exercise. We gained some great feedback from our students and learnt some valuable lessons ourselves, all of which have gone into improving the course and creating the final version. In this blog, we explore the trial process, share the key takeaways and showcase the final version of the e-course.

The Trial

The trial included 18 students from all over the world who agreed to complete the course within a given time-frame and provide feedback on each module as they progressed through the course. When the trial ended, we had gathered 108 feedback forms that gave us key insight into the following areas: (more…)

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How to Deal with Delay Caused by a Nominated Subcontractor

nominated subcontractor

Many years ago when I used to deal with the JCT forms of contract, if a nominated subcontractor delayed the works, the contractor could use this as a legitimate reason to claim an extension of time. Either things have either changed since then, or not all forms of contract take this view.

Under the FIDIC Red Book form of contract, the Engineer may appoint a nominated subcontractor, but once the Contractor has accepted the nomination, he becomes responsible for the actions of the subcontractor and may not claim for any failures of the subcontractor.

In a situation where the Engineer nominates a subcontractor who has submitted a competitive price but is incapable of providing adequate performance (does this sound familiar at all?) it seems inequitable to make the Contractor responsible when he has had nothing to do with the selection of the subcontractor. Does the Contractor have any recourse in such a scenario? Well, sort of, as we will see.

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