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IX. Best Practices for Claims Avoidance
Parties shall prepare, plan, and respect each other in order to avoid claims. Preparation…
Hasan stated that parties generally want to avoid claims, but frequently the contract specifications and construction management practices actually work against them.…
■ Review of contract documents to eliminate possible ambiguities, inconsistencies,…
■ Claims and disputes frequently arise due to “gray” areas in the Contract documents.…
■ Contract documents generally generate adversarial roles and inhibit the development…
■ Building codes may be out-of-date, inapplicable, and non-uniform. State-of-the-art…
■ Environmental considerations can result in delays. Tender documents should clearly…
Once the project has been awarded, provide the project team with the tools they need…
■ Regularly update project documentation, such as, correspondence logs, daily reports,…
■ There should be a record-keeping system that documents progress and problems as…
■ Events which frequently form the basis of changes and claims include, changes in…
■ Conflicts must be resolved contemporaneously (at the time these occur) rather than…
■ Sophisticated or integrated project cost and schedule control systems.…
Many disputes could be avoided if the right level of expertise was involved in developing…
Trends behind just over 100 disputes that are advised by Clyde & Co’s MENA construction…
■ Imperfect and often cumbersome contracts;…
■ Over ambitious allocation of risk to one party or through the supply chain;…
■ A lack of robust and independent contract administration;…
■ Poor quality and overreaching claim submissions; and…
■ Pressures on available funding. Sayfa 299…
A failure to properly administer the contract remained the most common cause of disputes…
■ Proper contract administration;…
■ Accurate contract documents;…
■ Fair & appropriate risk balances in contracts;…
■ Realistic construction timeframes and no change in scope; and…
■ Appropriate contract selection.…
Construction disputes were a facet of most market sectors in 2016 however they materialised…
VIII. Establishing the Cause-Effect Link
X. Procedure for Settlement of Claims
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