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

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

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

Omission of Items Included in the Bill of Quantities, But Not Shown on the Drawings

I recently received a request for advice from one of our course attendees. It related to the Bill of Quantities and later drawing issues. This topic has arisen on several occasions so I thought it worthy of a blog. The situation and query was as follows:Read more

What Qualifies as a Force Majeure event under FIDIC?

One of our distance learning students contacted me for some advice on a claim that she had received based on force majeure on a contract under the FIDIC Yellow Book. My advice may be summarised as follows and is also applicable to the 1999 FIDIC Red Book:Read more

Do project consultants understand their obligations with regard to claims?

Over the past couple of weeks, I have presented our new 2-day ‘Understanding Claims Under the FIDIC Contracts’ intensive training course in Abu Dhabi and Doha. Unusually and quite surprisingly, out of a total of 50 attendees, almost all delegates were from contractors or subcontractors.Read more

Cutting Edge Construction Technology, but not Contracts

I recently read a contractual article in one of the major Middle East construction industry magazines. It took me a while to realise what the author was talking about, but it eventually dawned on me that he was using references from the FIDIC 1987 construction contract.Read more

Implications of Poorly Drafted Contract Documents

Poorly drafted contract documents are often the source of claims. If they contain contradictions or ambiguities, it is natural for each party to interpret the inconsistencies to their advantage, thus giving grounds for contention and dispute.Read more