Professional Documents
Culture Documents
CLAIMS
MANAGEMENT
BY A. D. GOSAVI
BREACHES BY
CONTRACOR
DEFECTIVE, SUB-STANDARD
OR INCOMPLETE
ITEMS OF WORK
FAILURE
Cont.
COMPENSATION
Cont.
PAYABLE TO OTHER
CONTRACTORS AND RELATED
LOSSES DUE TO CONSEQUENTIAL
DELAYS ON CONNECTED WORKS
UNRECOVERED ADVANCES AND
INTEREST
REMOVAL OF MATERIAL FROM SITE
WITHOUT DUE PERMISSION
Breaches by
Client
Cont.
Cont.
UNREASONABLE REJECTION OF
ACCEPTABLE WORK
UNREASONABLE RECOVERIES MADE BY
EMPLOYER INCLUDING LIQUIDATED
DAMAGES.
QUANTITY VARIATIONS BEYOND THOSE
STIPULATED AND MAJOR CHANGES IN
SCOPE OF WORK.
PERFORMANCE OF TASKS WITHOUT
PROVISION FOR EQUITABLE
COMPENSATION
NATURAL CALAMITIES ACTS OF GOD WAR
AND OTHER FORCE-MAJEURE CONDITIONS.
Cont.
ABNORMAL
DOCUMENTS
BIDDING DOCUMENTS
INVITATION TO BID INSTRUCTIONS TO
BIDDERS
ADDENDA,
PLANS AND SPECIFICATIONS NOTES OF
PRE-BID CONFERENCES
RISK IDENTIFICATION DATA
SITE INSPECTION REPORT WITH
PHOTOGRAPHS
Cont.
CONSTRUCTION CONTRACT DOCUMENTS
NOTES OF NEGOTIATION SESSIONS
FINAL CONSTRUCTION PLANS,
SPECIFICATIONS, COMPLETE WITH
ADDENDA, BULLETINS AND SKETCHES
NOTICE TO PROCEED, PERFORMANCE
BONDS
SUBCONTRACTS AND PURCHASE ORDERS
COPIES OF BUILDING PERMITS &
APPROVALS.
Cont.
COST
CHART
OF WORK CLASSIFICATION
CODES
EQUIPMENT
UTILIZATION REPORTS
Cont.
CPM SCHEDULES
PROJECT
Cont.
MANAGEMENT PLAN
LOSS CONTROL PLAN
ENVIRONMENTAL CONTROL PLAN
QUALITY CONTROL PROGRAM.
GENERAL CORRESPONDENCE
DOCUMENTS
MINUTES OF JOB CONFERENCES
REQUESTS FOR INFORMATION
NOTICES
OF INTERRUPTION, DELAY
OR CHANGES
Cont.
PROCEDURE TO
RESOLVE
Cont.
The arbitration agreement in the FIDIC is embodied in Clause 20
(sub clauses 20.1, TO20.8).
This clause however incorporate more than the arbitration
agreement.
2.2
In that it provides in the first place a mechanism for the
resolution of disputes through a two-tier system viz. i) reference to
the Engineer. and ii) if the dispute is not resolved, sub-clause
includes a mechanism for amicable settlement.
2.3
Submission of a claim does not necessarily (although it may)
clause a dispute to arise. However, the rejection of a claim will
probably do so, but not always, for the Contractor might accept
either wholly or in part the views expressed by the Engineer.
2.4
If the claim is not met with a clear rejection, but with a
request for further information or even with a stalling reply, then
no dispute may arise.
ENGINEER S POWERS
Engineer
The