§ 1. Procedures for Contractors’ and Employers’ Claims and Pitfalls…: III. Typical Claims

In many cases, the performance owed under the contract can be established only with…

Once a variation has been established, the facts will have to be evaluated. Typically,…

A look into the provisions of the FIDIC Red Book 1999 for construction and the FIDIC…

Regarding contract claims, Clause 20.1 of the Red Book 1999 in particular appears…

“If the Contractor considers himself to be entitled to any extension of the Time for Completion and/ or any additional payment, under any Clause of these Conditions or otherwise in connection with the Contract, the Contractor shall give notice to the Engineer, describing the event or circumstance giving rise to the claim. The notice shall be given as soon as is practicable, and not later than 28 days after the Contractor became aware, or should have become aware, of the event or circumstance.…

If the Contractor fails to give notice of a claim within such period of 28 days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Employer shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this Sub-Clause shall apply”.…

Clause 20.1 is a central provision for Contractor claims. The version contained in…

“However, if the Contractor considers there are circumstances which justify the late submission, he may submit the details to the DAB for a ruling. If the DAB considers that, in all the circumstances, it is fair and reasonable that the late submission be accepted, the DAB shall have the authority to overrule the relevant 28-day limit and, if it so decides, it shall advise the Parties accordingly”. …

“Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Engineer, the Contractor shall send to the Engineer a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and/ or additional payment claimed”. …

“Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be allowed by the DAB under paragraph (a=) above, or proposed by the Contractor and approved by the Employer’s Representative, the Contractor shall send to the Employer’s Representative a fully detailed claim which includes full supporting particulars of the contractual or other basis of the claim and the extension of time and/ or additional payment claimed. The Contractor shall also provide the Employer’s Representative with any additional particulars which the Employer’s Representative may reasonably require.

If the Contractor fails to provide the contractual or other basis of the claim within the said 42 days or other time allowed or approved, the Notice given under paragraph (a) above shall be deemed to have lapsed and shall no longer be considered as a valid Notice. If the Contractor considers there are circumstances which justify a late submission, he may submit the details to the DAB for a ruling. If the DAB considers that, in all the circumstances, it is fair and reasonable that the late submission be accepted, the DAB shall have the authority to overrule the given 42-day-limit and, if it so decides, it shall advise the Parties accordingly”. …

§ 1. Procedures for Contractors’ and Employers’ Claims and Pitfalls -In Particular under FIDIC Contracts-

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III. Typical Claims