Inadequately Expressed Claims: the second most frequent reason for disputes

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


What Qualifies As Force Majeure Under FIDIC?

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

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.

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How to Administer the Contractor’s Programme

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

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


Contractors! Are Your Claims Responded to Correctly?

EC Harris’ (now Arcadis) Global Construction Dispute Report has, for many years, cited inadequately expressed claims as being one of the top five causes of disputes in the construction industry.

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Late Payment: What Can We Do When We Don't Get Paid?

What can we do if we don't get paid? We get this question a lot. In some regions, this is less of a problem because legislation is quite strict on payment terms, but in other parts of the world it is very common for the paying party to hang onto their money for as long as possible.Read more


Trying Your Luck - Where do you draw the line with your claim submissions?

I was recently asked a question by one of our distance learning students which, at some time or another, you may have asked yourself. The question was:Read more


A Simple and Effective Way to Improve Claims: Visuals in Narratives

One of our distance learning students recently raised a point that graphics and other visuals can be effectively used to enhance a claim document and I agree with him, provided that some basic rules are followed. In this blog we look at visuals in narratives and how they could improve your claim.Read more


20 Changes in the FIDIC 2017 Editions From a Claims Perspective

I have just returned from the FIDIC International User’s Conference in London, attended by roughly 400 delegates and speakers, all there to hear about the new editions of the Red, Yellow and Silver FIDIC Forms of Contract. In this blog, I have highlighted 20 changes that are of particular relevance to claims practitioners:Read more