Professional Documents
Culture Documents
actually happened? Eng'r/ Samy Hassanin
*Keeping good records ( Managing and use records). Sr. PCS Eng'r.
Sam.planning195@gmail.com
*What is yours right according to the project Contract? Types of claims
FIDIC Basis for Contractor Claims
*Differing Site Conditions *Defective Work Submit for *Site overheads or preliminaries *Lower productivity / increased labor cost
Sub‐Clause Title Money Time *Errors and Omissions *Delayed Performance *Head office overheads *Costs of materials increased by mistakes
2.1 Right of Access to the Size X X
4.7 Setting out (errors) X X
*Ambiguous Specifications *Default *Loss of profit / Trade / Opportunity *Additional move‐in / move‐out
4.12 Unforeseen Physical Conditions X (c) X *Force Majeure Remove / Decrease the *Cost escalations *Delay
24‐Apr Fossils X (c) X *Delayed Performance *Liquidated Damages liquidated damages *Cost claims from Depreciation on assets *Higher insurance premiums
7.4 Testing X X
8.4 Extension of Time for Completion ‐‐ X
*Actual Damages *Financing charges subcontractors *Higher performance bond premiums
8.5 Delay Caused by Authorities ‐‐ X (Rental, Financing, Overhead Prove the entitlement to *The delayed release of retention
8.9 Consequences of Suspension X (c) X Costs / Loss of Income) prolongation cost
10.2 Taking Over of Part of Works X ‐‐
10.3 Interference with Tests on Completion X X General Notes
11.8 Contractor to Search X X
Types of Claimed Interest: Early Warning Signs
13.2 Value Engineering X ‐‐
*Pre‐judgment Interest *Late Submittal of Base Line Schedule.
13.7 Changes in Legislation X (c) X
Be CLEAR, Causation
14.8 Delayed Payment X (c) ‐‐ *Interest on Borrowings, Retainage, Late Payments *Failure to Properly Update Schedule.
CORRECT, *Must Show Connection (Causal Link) Between
16.1 Contractor’s Entitlement to Suspend X X
*Lack of Linkage Between Entitlement & Damages *Updates Which Significantly Change Logic or Alter Durations of Work Remaining.
16.4 Payment on Termination X ‐‐ COMPLETE, Liability (What Changed?) and Cost Increase (Financial
17.1 Indemnities (by Employer) X (c) ‐‐ *Delay Responsibility / Compensability *Late Procurement.
and Impact?)
17.4 Consequences of Employer's Risks X X *Potential Double Counting *Late Design and Engineering Submittals.
General Requirement for Insurances (if PRECISE *For Delay Claims:
18.1
supplied by Employer)
X (c) ‐‐
*Allocability of Costs *Notices of Claim from Contractor.
CPM Schedule Delay Analysis
19.4 Consequences of Force Majeure X X
*Self‐Caused Problems By Contractor *Excessive RFIs.
19.6 Optional Payment Termination X ‐‐ *For Disruption Claims:
*Contract Compliance / Adherence *Excessive Requests for Changes of Scope, Schedule, or Price.
20.1 Contractor’s Claims (procedural) X X Rate of Production/Productivity in Impacted vs. Non‐
*Excessive QA/QC Failures.
Impacted Period
*Excessive Changes Log Entries.
*Every Claim Should Be Evaluated on its Own Merits
CPM Update Narratives Reporting Delays.
*Degree of Negligence Attributable to Each Party
*Weekly Project Meetings Reporting Delays or Additional Costs.
*Quality of Contractor’s Work
*Monthly Project Reports Complaining of Delays or Additional Costs.
*Contractor’s Past Practice Regarding Resolution of
*Email/Correspondence Complaints of Delays, Disrupted Work, Loss of Efficiency.
Claims
*Changed Tenor of Formal Correspondence.
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