Construction contract FIDIC 2017 notice of claim

How to Ensure you Avoid Costly and Time-Consuming Disputes on your Projects

We all want to avoid disputes on our construction projects. But it seems we fail to learn from lessons of the past. ARCADIS have just published their annual Global Construction Disputes Report 2019. It makes interesting, but, not altogether surprising reading.

This year, the top three reasons for disputes are:

  1. Owner/Contractor/Subcontractor failing to understand and/or comply with its contractual obligations;
  2. Errors and/or omissions in the contract document;
  3. Failure to properly administer the contract.

Some other interesting noteworthy observations are:Read more


Q&A: Contract Administration for Claims

In partnership with the CIOB, Claims Class is running a series of monthly webinars on construction claims. The webinars are based on our Construction Claims e-courses and workshops and have attracted between 150 and 300 attendees per session.

At the end of each webinar, we invite questions and send the attendees answers to any questions that we do not have time to answer during the webinar. I thought that this would provide some useful insight to our blog readers so, the following are questions and answers from the webinar on Contract Administration for Claims.Read more


How to Ensure a DAB is Formed Correctly

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 to do if one of the parties is trying to frustrate the procedure by refusing to agree to the appointment of the DAB. The following advice is relates to the FIDIC contracts. However, it may be equally applied to other forms of contract that have dispute board provisions.

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Construction contract FIDIC 2017 notice of claim

Notices: Should a Contractor submit if he is not sure whether he intends to make a claim?

A Claims Class blog follower recently asked for advice on the correct interpretation of FIDIC Sub-Clause 20.1 (Contractor’s Claims).  What happens in situations where the Contractor is not sure if it will submit a claim or not - should they submit a notice of claim?

Often the Contractor becomes aware of an event that may cause delay, additional Cost or entitlement for additional payment. At that time, he may not be aware of the final effect of the event.
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5 Tips for Success When Claiming for Variations

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


Force Majeure

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 Force Majeure clauses are similar under the Red, Yellow, Silver and Gold forms of FIDIC. Therefore, this applies to all of them.Read more


Delayed Issue of Drawings Or Instructions FIDIC

How To Ensure Engineer’s Responses And Instructions Do Not Result In Expensive Claims

A request came from one of our blog followers. It was 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. Delayed issue of drawings or instructions are a regular feature of projects around the world.

I shall use the 1999 FIDIC Red Book as an example, although other forms of contract also contain similar provisions.

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Contactor's programme

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


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 or suffer from late payment? We get this question a lot. In some regions, this is less of a problem because legislation is quite strict on payment terms. However, elsewhere, it is common for the paying party to hang onto money for as long as possible.Read more