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


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?Read more


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.Read more


How to Deal with Delay Caused by a Nominated Subcontractor

Many years ago when I used to regularly deal with the JCT forms of contract. Back then, 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.Read more


CEES | The Secret of How to Produce a Successful Claim

In this blog I am going to share one of the secrets that we teach on our courses to help our students and attendees produce successful claims. If you are not already applying these principles, I guarantee that they will make a massive difference to your claims and to whether they will be accepted and, resolved in a timely manner.Read more


How to Calculate the Recovery of Preliminaries on a Reduced Scope of Works

I was recently contacted by a blog reader who requested some advice on a project in Qatar where the Employer omitted a large part of the Works and also wanted to deduct money from the Contractor’s preliminaries as part of the price adjustment.Read more


How to Make Sure Your Claims are Accepted

If you wish to ensure that your claims are accepted, you need to bear in mind EC Harris’ (now ARCADIS) report Global Construction Disputes Report. This report cites incomplete and/or unsubstantiated claims as one of the major reasons for construction industry disputes.Read more


Case Study - Establishing Cause and Effect

In Claims Class Case Studies, we present a case study of a real situation for the reader to study and decide on the correct contractual outcome. The author’s opinion of the solution is presented underneath.Read more


Essential Elements of a Successful Claim - Top Tips Paper for Download!

The object of a claim is to demonstrate that on the balance of probability, the claimant is entitled to compensation and the amount of such compensation. In the case of a construction claim, the compensation would more than likely consist of additional time, additional payment or both. The claim must be demonstrated, substantiated and justified so as to achieve the desired result.Read more


Claim for Increased Costs on a Fixed Price Contract

Are there circumstances whereby a contractor may claim increased costs of materials on a fixed price contract? As usual, this would depend on the particular contract, but if we take FIDIC as an example, yes there are.Read more