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Type of Claim Causes of Claim

1-1- May lead to different interpretations of the contract.

1-2- May lead to unintelligible terms, errors and defects in the terms and text of the contract.

1-Claims 1-2-1- May lead to errors and defects in primary estimation (such as erroes and defects in contract items).
Related to
Contract (Text 1-2-2- May lead to errors and defects in contract specifications.
& Content)
1-2-3- May lead to errors and defects in project documentation (such as delivering incorrect underground information
to the contractor by the consultant.

1-2-4- May lead to terms not written in new contractor’s contract.

2-1- May lead to delay in payements.

2-1-1- May lead to delay in evaluating the contractor’s statements and payment request (bill) by the consultant.

2-1-2- May lead to delay in evaluating the contractor’s statements and payment request (bill) by the owner
(Specifically about signning the contractor's stetements by the owner in Iran).

2-1-3- May lead to delay in paying “prepayment installments” by the owner.

2-2- May lead to delay in completion of the project.

2-2-1- May lead to delay caused by other contractors employed by the owner.

2-2-2- May lead to delay caused by force majure and unforeseen events.

2-2-3- May lead to delay in revising and providing timely corrective drawings.
2- Claims
Related to 2-2-4- May lead to delay in ordering and purchasing materials due to delay in approving drawings.
Schedule
2-2-5- May lead to late owner-supplied equipment and material.

2-2-6- May lead to late orders by the consultant (such as delay for replying technical problems or contractor's
information/ inquiry).
2-2-7- May lead to delay in replying the contractor’s inquiry by the owner.

2-2-8- May lead to delay caused by changing the owner in duration of project.

2-2-9- May lead to delay caused by legal problems with stakeholders (such as neighbors and etc).

2-3- May lead to delay in site possession or "Right of way" by the owner.

2-4-May lead to delay in obtaining permits by the owner.

2-5- May lead to delay in issuing the certification of substantial completion by the owner.

2-6- May lead to delay in relasing the bonds after substantial and final completion.

3-1- May lead to creep in project scope.

3-1-1- May lead to change in project scope as a result of problems identified during construction.

3-1-2- May lead to dispute about quantities, cost and time of change orders.

3- Claims 3-2- May lead to change in site conditions.


Caused by
Change 3-3- May lead to change in project location or the project stations location.

3-4- May lead to change in the procedure for shop-drawings.


3- Claims
Caused by
Change

3-5- May lead to change in the execution method caused by drawings changes.

3-6- May lead to change in the project phases delivery schedule.


4-1- May lead to use of similar materials specified in the contract and its subsequent dispute for paying the difference
cost of materials.
4-2- May lead to new contractor's dispute due to hidden issues during the project execution about percent physical
progress of the work unfinished and delivered.

4-3- May lead to dispute about quantities and cost of site materials and equipment .

4-4- May lead to dispute about cost caused by bonds extension.

4-5- May lead to dispute about costs caused by rescission.


4-6- May lead to dispute about costs caused by termination (such as quantities and cost of site materials and equipment,
4-Claims demands and etc).
Related to 4-7- May lead to dispute about costs of the project resources transportation caused by circumventing sanctions for
Difference in special contracts (Specific to Iran).
Pricing and
Measurement 4-8- May lead to dispute about materials cost applying for temporary buildings of workshop (Not including in contract
materials).
4-9- May lead to dispute about insurance issues.
4-10- May lead to dispute about sudden tax and cost increase.
4-11- May lead to dispute about costs of difference in way of doing things and or difference method of pricing .
4-12- May lead to dispute about projects costs which have finished in terms of contract price, but have not finished in
terms of project costs or new items.

4-13- May lead to dispute about costs caused by changing the items unit.

4-14- May lead to dispute about costs caused by restricted access to the site.

5-1- May lead to dispute about force majure events (such as wether, unforeseen ground conditions and etc) .
5-1-1- May lead to dispute about sanctions (such as suspension, increase or decrease in LC, change in price of
materials and equipments (especialy in terminating projects which do not have any adjustments) .
5-2- May lead to dispute about financial failure of the owner.
5-3- May lead to dispute about vindicating the contractor's crime (neighbors's or stakeholders' damage caused by the
contractor) due to reasons provided by the contractor.
5-4- May lead to dispute about opponent in the land delivered to the contractor.

5-5- May lead to dispute about damages caused by adherencing to safety instructions and workshop suspension.

5-6- May lead to dispute about contractor's financial damage caused by fire, theft and similar events if the owner has not
permitted the contractor to insure these events.
5-7- May lead to dispute about contract termination.
5-7-1- May lead to dispute about contract termination due to “project cease” caused by employer’s inability to afford
the project.
5-7-2-May lead to dispute about “extra compensation” caused by not accepting the second quarter suspension by the
5- Claims contractor and contract termination (Specific to Iran construction laws).
Related to
Damage 5-7-3- May lead to dispute about “extra compensation” caused by not accepting the increase or decrease more than 25
% of the contract cost and contract termination (Specific to Iran construction laws).

5-8- May lead to dispute about “project cease cost” caused by employer’s inability to afford the project when the
employer does not apply suspension to the project (Specific to Iran construction laws).
5-9- May lead to dispute about bonds confiscation by the owner and before rescinding the contract (Specific to Iran
construction laws).
5-10- May lead to dispute about breach of obligations by the owner.
5-10-1- Not paying the contractor’s demands.
5-10-2- Not paying the contractor’s final statement after accepting the substantial completion by the employer.

5-10-3- Not releasing the bonds after substantial and final completion by the employer.
5-10-4- Not investigating the contractor’s statement on time.
5-10-5- Not issuing or delay in issuing the certification of substantial completion by the owner.
5-10-6- Dispute about the damage of delay in site possession by the owner.
5-11- May lead to dispute about breach of obligations by the consultant.
5-12- May lead to dispute about costs of changing the owner in duration of project.

5-13- May lead to dispute about damage caused by applying consultant’s instructions or contractor's claim that he is no
responsible for the accuracy of contract precedures.

5- Claims 5-14- May lead to dispute about installation moving and the cost of their damages on the project.
Related to
Damage 5-15- May lead to dispute about overhead costs caused by increasing the time beyond project duration.
5-16- May lead to dispute about continuous costs of site mobilization caused by increasing the time beyond project
duration.
5-17- May lead to dispute about costs when the equipments are idle in the workshop caused by increasing the time
beyond project duration.
6-1- May lead to dispute about project acceleration by “Fast tracking” method.

6-2- May lead to dispute about applying such difficulty, height coefficients and etc., in addition to the coefficients
applied to the statement by the consultant.
6-3- May lead to dispute about contradiction between contract items and statement items.
6- Opportunistic 6-4- May lead to dispute about contradiction between applying statement indexes and main indexes.
Claims
6-5- May lead to dispute about unfair contract rescission by the employer (Specific to Iran construction laws)).
6-6-May lead to employer’s opportunistic behavior to use “clause 21” ((Clause 21: when the contractor does not meet
part of his obligations, then the employer can meet those obligations and contractor will be owed to employer) (Specific
to Iran construction laws)).
6-7- May lead to premature exploitation before issuing the certificate of substantial completion.
Source of Claim Causes of Claim Type of Claim

1-1- May lead to different interpretations of the contract.

1-2- May lead to unintelligible terms, errors and defects in the terms and
1- Owner's inability to communicate performance requirements text of the contract.
using legal and technical terms (Before the tender such
as:1-Inability to choosing the qualified consultant, 2- Lack of
technical knowledge in employer side, 3- In-appropriate 1-2-1- May lead to errors and defects in primary estimation (such as
contract type, 4- Misallocation of risk in contracts, 5- Lack of a erroes and defects in contract items). 1-Claims Related to
precise definition of the project scope in the contract, 6- Contract (Text &
Misallocation of appropriate funding to the project before the Content)
contract, 7- Employer’s insufficient experience, 8- Unclear 1-2-2- May lead to errors and defects in contract specifications.
method of pricing in the contract, 9- Errors and defects in
drawing caused by "cheap design hired instead of quality", 1-2-3- May lead to errors and defects in project documentation (such
"cheap design hired instead of quality" and or "not preparing as delivering incorrect underground information to the contractor by the
availabale information for designer", 10- In-adequate contract consultant.
administration, 11- Incomplete tender information and 12-
Unrealistic tendering 13- Change in site conditions caused by
Professional
"Lack of money, time and experts in site investigations","Lack 1-2-4- May lead to terms not written in new contractor’s contract.
Obligations
of knowledge of site conditions","Superficial investigation of
site condition","Care lessness of site investigator"," Ignorrance 2-1- May lead to delay in payements.
of client and consultant on important of site investigation"and or
"Wrong interpretation of site investigation"and etc, Contract
time such as: 1- Defects and errors in project documentation 2-1-1- May lead to delay in evaluating the contractor’s statements and
caused by "Inconpetent personal in preparation of project payment request (bill) by the consultant.
documents","Negligence in preparing project
documentation","Inexperience of personal involved in
preparation of documents","Negligence in preparing project 2-1-2- May lead to delay in evaluating the contractor’s statements and
documentation"and or "Inadequate time for document payment request (bill) by the owner (Specifically about signning the 2- Claims Related to
preparation" 2- Inadequate contract documents and etc, 3- contractor's stetements by the owner in Iran). Schedule
During the project: 1- Unquestioning obidence consulting
engineer 2- Lack of coordination of work between the
contractors and etc). 2-1-3- May lead to delay in paying “prepayment installments” by the
owner.

2-2- May lead to delay in completion of the project.

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2-2-1- May lead to delay caused by other contractors employed by the
owner.

2-2-2- May lead to delay caused by force majure and unforeseen


events.
1- Owner's inability to communicate performance requirements
using legal and technical terms (Before the tender such
as:1-Inability to choosing the qualified consultant, 2- Lack of
technical knowledge in employer side, 3- In-appropriate 2-2-3- May lead to delay in revising and providing timely corrective
contract type, 4- Misallocation of risk in contracts, 5- Lack of a drawings.
precise definition of the project scope in the contract, 6-
Misallocation of appropriate funding to the project before the
contract, 7- Employer’s insufficient experience, 8- Unclear 2-2-4- May lead to delay in ordering and purchasing materials due to
method of pricing in the contract, 9- Errors and defects in delay in approving drawings.
drawing caused by "cheap design hired instead of quality",
"cheap design hired instead of quality" and or "not preparing
availabale information for designer", 10- In-adequate contract
administration, 11- Incomplete tender information and 12- 2-2-5- May lead to late owner-supplied equipment and material.
Unrealistic tendering 13- Change in site conditions caused by
2- Claims Related to
"Lack of money, time and experts in site investigations","Lack
2-2-6- May lead to late orders by the consultant (such as delay for Schedule
Professional of knowledge of site conditions","Superficial investigation of
Obligations site condition","Care lessness of site investigator"," Ignorrance replying technical problems or contractor's information/ inquiry).
of client and consultant on important of site investigation"and or
"Wrong interpretation of site investigation"and etc, Contract 2-2-7- May lead to delay in replying the contractor’s inquiry by the
time such as: 1- Defects and errors in project documentation owner.
caused by "Inconpetent personal in preparation of project
documents","Negligence in preparing project
documentation","Inexperience of personal involved in 2-2-8- May lead to delay caused by changing the owner in duration of
preparation of documents","Negligence in preparing project project.
documentation"and or "Inadequate time for document
preparation" 2- Inadequate contract documents and etc, 3-
During the project: 1- Unquestioning obidence consulting 2-2-9- May lead to delay caused by legal problems with stakeholders
engineer 2- Lack of coordination of work between the (such as neighbors and etc).
contractors and etc).
2-3- May lead to delay in site possession or "Right of way" by the
owner.

2-4-May lead to delay in obtaining permits by the owner.

2-5- May lead to delay in issuing the certification of substantial


completion by the owner.
2- Claims Related to
Schedule

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1- Owner's inability to communicate performance requirements
using legal and technical terms (Before the tender such
2- Claims Related to
Schedule
2-6- May lead to delay in relasing the bonds after substantial and final
completion.

1- Owner's inability to communicate performance requirements


using legal and technical terms (Before the tender such 3-1- May lead to creep in project scope.
as:1-Inability to choosing the qualified consultant, 2- Lack of
technical knowledge in employer side, 3- In-appropriate
contract type, 4- Misallocation of risk in contracts, 5- Lack of a 3-1-1- May lead to change in project scope as a result of problems
precise definition of the project scope in the contract, 6- identified during construction.
Misallocation of appropriate funding to the project before the
contract, 7- Employer’s insufficient experience, 8- Unclear
method of pricing in the contract, 9- Errors and defects in 3-1-2- May lead to dispute about quantities, cost and time of change
drawing caused by "cheap design hired instead of quality", orders.
"cheap design hired instead of quality" and or "not preparing
availabale information for designer", 10- In-adequate contract
administration, 11- Incomplete tender information and 12- 3-2- May lead to change in site conditions.
Unrealistic tendering 13- Change in site conditions caused by
3- Claims Caused by
"Lack of money, time and experts in site investigations","Lack
Change
of knowledge of site conditions","Superficial investigation of 3-3- May lead to change in project location or the project stations
site condition","Care lessness of site investigator"," Ignorrance location.
Professional of client and consultant on important of site investigation"and or
Obligations "Wrong interpretation of site investigation"and etc, Contract
time such as: 1- Defects and errors in project documentation
caused by "Inconpetent personal in preparation of project 3-4- May lead to change in the procedure for shop-drawings.
documents","Negligence in preparing project
documentation","Inexperience of personal involved in
preparation of documents","Negligence in preparing project 3-5- May lead to change in the execution method caused by drawings
documentation"and or "Inadequate time for document changes.
preparation" 2- Inadequate contract documents and etc, 3-
During the project: 1- Unquestioning obidence consulting
engineer 2- Lack of coordination of work between the 3-6- May lead to change in the project phases delivery schedule.
contractors and etc).

4-1- May lead to use of similar materials specified in the contract and its
subsequent dispute for paying the difference cost of materials. 4-Claims Related to
Difference in Pricing
4-2- May lead to new contractor's dispute due to hidden issues during and Measurement
the project execution about percent physical progress of the work
unfinished and delivered.

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4-3- May lead to dispute about quantities and cost of site materials and
equipment .

4-4- May lead to dispute about cost caused by bonds extension.

1- Owner's inability to communicate performance requirements


using legal and technical terms (Before the tender such 4-5- May lead to dispute about costs caused by rescission.
as:1-Inability to choosing the qualified consultant, 2- Lack of
technical knowledge in employer side, 3- In-appropriate
contract type, 4- Misallocation of risk in contracts, 5- Lack of a 4-6- May lead to dispute about costs caused by termination (such as
precise definition of the project scope in the contract, 6- quantities and cost of site materials and equipment, demands and etc).
Misallocation of appropriate funding to the project before the
contract, 7- Employer’s insufficient experience, 8- Unclear 4-7- May lead to dispute about costs of the project resources
method of pricing in the contract, 9- Errors and defects in transportation caused by circumventing sanctions for special contracts
drawing caused by "cheap design hired instead of quality", (Specific to Iran).
"cheap design hired instead of quality" and or "not preparing
availabale information for designer", 10- In-adequate contract
4-8- May lead to dispute about materials cost applying for temporary
administration, 11- Incomplete tender information and 12-
buildings of workshop (Not including in contract materials).
Unrealistic tendering 13- Change in site conditions caused by 4-Claims Related to
"Lack of money, time and experts in site investigations","Lack Difference in Pricing
Professional of knowledge of site conditions","Superficial investigation of and Measurement
Obligations site condition","Care lessness of site investigator"," Ignorrance 4-9- May lead to dispute about insurance issues.
of client and consultant on important of site investigation"and or
"Wrong interpretation of site investigation"and etc, Contract
time such as: 1- Defects and errors in project documentation 4-10- May lead to dispute about sudden tax and cost increase.
caused by "Inconpetent personal in preparation of project
documents","Negligence in preparing project
documentation","Inexperience of personal involved in
preparation of documents","Negligence in preparing project 4-11- May lead to dispute about costs of difference in way of doing
documentation"and or "Inadequate time for document things and or difference method of pricing .
preparation" 2- Inadequate contract documents and etc, 3-
During the project: 1- Unquestioning obidence consulting 4-12- May lead to dispute about projects costs which have finished in
engineer 2- Lack of coordination of work between the terms of contract price, but have not finished in terms of project costs or
contractors and etc). new items.

4-13- May lead to dispute about costs caused by changing the items
unit.

4-14- May lead to dispute about costs caused by restricted access to the
site.

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5-1- May lead to dispute about force majure events (such as wether,
unforeseen ground conditions and etc) .

5-1-1- May lead to dispute about sanctions (such as suspension,


increase or decrease in LC, change in price of materials and equipments
(especialy in terminating projects which do not have any adjustments) .
1- Owner's inability to communicate performance requirements
using legal and technical terms (Before the tender such
as:1-Inability to choosing the qualified consultant, 2- Lack of 5-2- May lead to dispute about financial failure of the owner.
technical knowledge in employer side, 3- In-appropriate
contract type, 4- Misallocation of risk in contracts, 5- Lack of a
precise definition of the project scope in the contract, 6- 5-3- May lead to dispute about vindicating the contractor's crime
Misallocation of appropriate funding to the project before the (neighbors's or stakeholders' damage caused by the contractor) due to
contract, 7- Employer’s insufficient experience, 8- Unclear reasons provided by the contractor.
method of pricing in the contract, 9- Errors and defects in
drawing caused by "cheap design hired instead of quality", 5-4- May lead to dispute about opponent in the land delivered to the
"cheap design hired instead of quality" and or "not preparing contractor.
availabale information for designer", 10- In-adequate contract
administration, 11- Incomplete tender information and 12-
Unrealistic tendering 13- Change in site conditions caused by 5-5- May lead to dispute about damages caused by adherencing to
5- Claims Related to
"Lack of money, time and experts in site investigations","Lack safety instructions and workshop suspension.
Damage
of knowledge of site conditions","Superficial investigation of
site condition","Care lessness of site investigator"," Ignorrance 5-6- May lead to dispute about contractor's financial damage caused by
of client and consultant on important of site investigation"and or fire, theft and similar events if the owner has not permitted the
Professional "Wrong interpretation of site investigation"and etc, Contract contractor to insure these events.
Obligations time such as: 1- Defects and errors in project documentation
caused by "Inconpetent personal in preparation of project
documents","Negligence in preparing project 5-7- May lead to dispute about contract termination.
documentation","Inexperience of personal involved in
preparation of documents","Negligence in preparing project
documentation"and or "Inadequate time for document 5-7-1- May lead to dispute about contract termination due to “project
preparation" 2- Inadequate contract documents and etc, 3- cease” caused by employer’s inability to afford the project.
During the project: 1- Unquestioning obidence consulting
engineer 2- Lack of coordination of work between the
contractors and etc). 5-7-2-May lead to dispute about “extra compensation” caused by not
accepting the second quarter suspension by the contractor and contract
termination (Specific to Iran construction laws).

5-7-3- May lead to dispute about “extra compensation” caused by not


accepting the increase or decrease more than 25 % of the contract cost
and contract termination (Specific to Iran construction laws).

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5-8- May lead to dispute about “project cease cost” caused by
employer’s inability to afford the project when the employer does not
apply suspension to the project (Specific to Iran construction laws).

5-9- May lead to dispute about bonds confiscation by the owner and
before rescinding the contract (Specific to Iran construction laws).
1- Owner's inability to communicate performance requirements
using legal and technical terms (Before the tender such 5-10- May lead to dispute about breach of obligations by the owner.
as:1-Inability to choosing the qualified consultant, 2- Lack of
technical knowledge in employer side, 3- In-appropriate 5-10-1- Not paying the contractor’s demands.
contract type, 4- Misallocation of risk in contracts, 5- Lack of a
precise definition of the project scope in the contract, 6-
Misallocation of appropriate funding to the project before the 5-10-2- Not paying the contractor’s final statement after accepting the
contract, 7- Employer’s insufficient experience, 8- Unclear substantial completion by the employer.
method of pricing in the contract, 9- Errors and defects in
drawing caused by "cheap design hired instead of quality", 5-10-3- Not releasing the bonds after substantial and final completion
"cheap design hired instead of quality" and or "not preparing by the employer.
availabale information for designer", 10- In-adequate contract
Professional administration, 11- Incomplete tender information and 12-
Obligations Unrealistic tendering 13- Change in site conditions caused by
5-10-4- Not investigating the contractor’s statement on time. 5- Claims Related to
"Lack of money, time and experts in site investigations","Lack
Damage
of knowledge of site conditions","Superficial investigation of
site condition","Care lessness of site investigator"," Ignorrance
of client and consultant on important of site investigation"and or 5-10-5- Not issuing or delay in issuing the certification of substantial
"Wrong interpretation of site investigation"and etc, Contract completion by the owner.
time such as: 1- Defects and errors in project documentation
caused by "Inconpetent personal in preparation of project 5-10-6- Dispute about the damage of delay in site possession by the
documents","Negligence in preparing project owner.
documentation","Inexperience of personal involved in
preparation of documents","Negligence in preparing project
documentation"and or "Inadequate time for document 5-11- May lead to dispute about breach of obligations by the consultant.
preparation" 2- Inadequate contract documents and etc, 3-
During the project: 1- Unquestioning obidence consulting
engineer 2- Lack of coordination of work between the 5-12- May lead to dispute about costs of changing the owner in duration
contractors and etc). of project.

5-13- May lead to dispute about damage caused by applying


consultant’s instructions or contractor's claim that he is no responsible
for the accuracy of contract precedures.

5-14- May lead to dispute about installation moving and the cost of their
damages on the project.

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5-15- May lead to dispute about overhead costs caused by increasing the
time beyond project duration.

5-16- May lead to dispute about continuous costs of site mobilization 5- Claims Related to
caused by increasing the time beyond project duration. Damage
1- Owner's inability to communicate performance requirements
Professional using legal and technical terms (Before the tender such 5-17- May lead to dispute about costs when the equipments are idle in
Obligations as:1-Inability to choosing the qualified consultant, 2- Lack of the workshop caused by increasing the time beyond project duration.
technical knowledge in employer side, 3- In-appropriate
contract type, 4- Misallocation of risk in contracts, 5- Lack of a
precise definition of the project scope in the contract, 6-
Misallocation of appropriate funding to the project before the 6-1- May lead to dispute about project acceleration by “Fast tracking”
contract, 7- Employer’s insufficient experience, 8- Unclear method.
method of pricing in the contract, 9- Errors and defects in
drawing caused by "cheap design hired instead of quality",
"cheap design hired instead of quality" and or "not preparing
availabale information for designer", 10- In-adequate contract 6-2- May lead to dispute about applying such difficulty, height
administration, 11- Incomplete tender information and 12- coefficients and etc., in addition to the coefficients applied to the
Unrealistic tendering 13- Change in site conditions caused by statement by the consultant.
"Lack of money, time and experts in site investigations","Lack
of knowledge of site conditions","Superficial investigation of
site condition","Care lessness of site investigator"," Ignorrance
of client and consultant on important of site investigation"and or 6-3- May lead to dispute about contradiction between contract items and
"Wrong interpretation of site investigation"and etc, Contract statement items.
time such as: 1- Defects and errors in project documentation 6- Opportunistic
caused by "Inconpetent personal in preparation of project Claims
documents","Negligence in preparing project
documentation","Inexperience of personal involved in
preparation of documents","Negligence in preparing project
documentation"and or "Inadequate time for document 6-4- May lead to dispute about contradiction between applying
preparation" 2- Inadequate contract documents and etc, 3- statement indexes and main indexes.
During the project: 1- Unquestioning obidence consulting
engineer 2- Lack of coordination of work between the
contractors and etc).

6-5- May lead to dispute about unfair contract rescission by the


employer (Specific to Iran construction laws)).

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1-2-3- May lead to errors and defects in project documentation (such 1-Claims Related to
as delivering incorrect underground information to the contractor by the Contract (Text &
consultant. Content)

2-2-3- May lead to delay in revising and providing timely corrective


drawings.

2-2-4- May lead to delay in ordering and purchasing materials due to


Professional 2- Consultant's inability to communicate performance delay in approving drawings.
Obligations requirements using legal and technical terms (Before the tender 2- Claims Related to
such as: 1-Errors and defects in drawing caused by "Inferior Schedule
quality of drawings or specifications", "Wrong design 2-2-6- May lead to late orders by the consultant (such as delay for
data"Incompetent designer","Inexperience of replying technical problems or contractor's information/ inquiry).
designer","Misinterpretation of client’s requirement by the
designer"and or"Low consultancy fee" 2-Change in site
conditions caused by "Lack of money, time and experts in site 2-2-7- May lead to delay in replying the contractor’s inquiry by the
investigations","Lack of knowledge of site owner.
conditions","Superficial investigation of site condition","Care
lessness of site investigator"," Ignorrance of client and
consultant on important of site investigation"and or "Wrong 3-1- May lead to creep in project scope.
interpretation of site investigation"and etc, During the project:
The absence of timely advice for solving problems in the
workshop by the counsultant and etc) .
3-1-1- May lead to change in project scope as a result of problems
identified during construction.

3-1-2- May lead to dispute about quantities, cost and time of change 3- Claims Caused by
orders. Change

3-2- May lead to change in site conditions.

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3- Claims Caused by
Change

3-3- May lead to change in project location or the project stations


location.

3-5- May lead to change in the execution method caused by drawings


changes.

4-11- May lead to dispute about costs of difference in way of doing


things and or difference method of pricing .
Professional
Obligations 4-Claims Related to
4-12- May lead to dispute about projects costs which have finished in Difference in Pricing
terms of contract price, but have not finished in terms of project costs or and Measurement
new items.
2- Consultant's inability to communicate performance
requirements using legal and technical terms (Before the tender 4-14- May lead to dispute about costs caused by restricted access to the
such as: 1-Errors and defects in drawing caused by "Inferior site.
quality of drawings or specifications", "Wrong design
data"Incompetent designer","Inexperience of
Duty of Care and designer","Misinterpretation of client’s requirement by the 5-7-3- May lead to dispute about “extra compensation” caused by not
Negligent designer"and or"Low consultancy fee" 2-Change in site accepting the increase or decrease more than 25 % of the contract cost
Statements conditions caused by "Lack of money, time and experts in site and contract termination (Specific to Iran construction laws).
investigations","Lack of knowledge of site
conditions","Superficial investigation of site condition","Care
lessness of site investigator"," Ignorrance of client and 5-11- May lead to dispute about breach of obligations by the consultant.
consultant on important of site investigation"and or "Wrong
interpretation of site investigation"and etc, During the project:
The absence of timely advice for solving problems in the 5-13- May lead to dispute about damage caused by applying
workshop by the counsultant and etc) . consultant’s instructions or contractor's claim that he is no responsible
for the accuracy of contract precedures.
5- Claims Related to
Damage
5-15- May lead to dispute about overhead costs caused by increasing the
time beyond project duration.

5-16- May lead to dispute about continuous costs of site mobilization


caused by increasing the time beyond project duration.

5-17- May lead to dispute about costs when the equipments are idle in
the workshop caused by increasing the time beyond project duration.

Contra
Proferentem
Rule(using the Page 14
unitelligible terms
6-2- May lead to dispute about applying such difficulty, height
coefficients and etc., in addition to the coefficients applied to the
statement by the consultant.
Contra
Proferentem 2- Consultant's inability to communicate performance 6-3- May lead to dispute about contradiction between contract items and
Rule(using the requirements using legal and technical terms (Before the tender statement items.
unitelligible terms such as: 1-Errors and defects in drawing caused by "Inferior
quality of drawings or specifications", "Wrong design
data"Incompetent designer","Inexperience of 6-2- May lead to dispute about applying such difficulty, height
designer","Misinterpretation of client’s requirement by the coefficients and etc., in addition to the coefficients applied to the
designer"and or"Low consultancy fee" 2-Change in site statement by the consultant. 6- Opportunistic
conditions caused by "Lack of money, time and experts in site
Claims
investigations","Lack of knowledge of site
conditions","Superficial investigation of site condition","Care
lessness of site investigator"," Ignorrance of client and 6-6-May lead to employer’s opportunistic behavior to use “clause 21”
consultant on important of site investigation"and or "Wrong ((Clause 21: when the contractor does not meet part of his obligations,
interpretation of site investigation"and etc, During the project: then the employer can meet those obligations and contractor will be
The absence of timely advice for solving problems in the owed to employer) (Specific to Iran construction laws)).
workshop by the counsultant and etc) .

6-7- May lead to premature exploitation before issuing the certificate of


substantial completion.

Page 15
5-6- May lead to dispute about contractor's financial damage caused by
1- The owner does not permit the contractor to insure some 5- Claims Related to
fire, theft and similar events if the owner has not permitted the
events. Damage
contractor to insure these events.

1-2- May lead to unintelligible terms, errors and defects in the terms and
text of the contract.
1-Not defining the employer’s representative, staffs and
5- Claims Related to
inspection to clarify their responsibilities in the face of disputes
2-2- May lead to delay in completion of the project. Damage
(Specific to Iran construction laws).

5-10- Dispute about breach of obligations by the owner.

1-2-3- May lead to errors and defects in project documentation (such


as delivering incorrect underground information to the contractor by the
consultant.
2- Not defining the direct supervisor, resident supervisor and
5- Claims Related to
etc, to clarify their responsibilities in the face of disputes 2-2-3- May lead to delay in revising and providing timely corrective Damage
(Specific to Iran construction laws). drawings.

5-11- May lead to dispute about breach of obligations by the consultant.


Contra
Proferentem
Rule(using the 1-1- May lead to different interpretations of the contract.
unitelligible terms 1-Claims Related to
Contract (Text &
1-2- May lead to unintelligible terms, errors and defects in the terms and Content)
text of the contract.
5-15- May lead to dispute about overhead costs caused by increasing the
3- Not defining the “time validity of contract” (from the date of time beyond project duration.
signing till the final settlement) in the face of disputes (Specific
to Iran construction laws). 5-16- May lead to dispute about continuous costs of site mobilization
caused by increasing the time beyond project duration. 5- Claims Related to
Damage

5-17- May lead to dispute about costs when the equipments are idle in
the workshop caused by increasing the time beyond project duration.

Page 16
1-2-4- May lead to terms not written in new contractor’s contract.
1-Claims Related to
Contract (Text &
Content)
2-1- May lead to delay in payements.

4- Not defining the exact definition of “Project duration”


(project duration minus duration of contractor’s non-excusable 6-3- May lead to dispute about contradiction between contract items and
delay) in the face of disputes (Specific to Iran construction statement items.
laws).

6-4- May lead to dispute about contradiction between applying 6- Opportunistic


statement indexes and main indexes. Claims

6-5- May lead to dispute about unfair contract rescission by the


employer (Specific to Iran construction laws)).

Contra 2-1- May lead to delay in payements.


Proferentem
Rule(using the 2-1-1- May lead to delay in evaluating the contractor’s statements and
unitelligible terms payment request (bill) by the consultant.

2- Claims Related to
2-1-2- May lead to delay in evaluating the contractor’s statements and Schedule
payment request (bill) by the owner (Specifically about signning the
contractor's stetements by the owner in Iran).
5- Not defining the delay in paying contractor’s payment
request, statements and etc (Specific to Iran construction laws). 2-1-3- May lead to delay in paying “prepayment installments” by the
owner.

5-10- May lead to dispute about breach of obligations by the owner.

5-10-1- Not paying the contractor’s demands.


5- Claims Related to
5-10-2- Not paying the contractor’s final statement after accepting the Damage
substantial completion by the employer.

Page 17
5- Claims Related to
Damage

5-10-4- Not investigating the contractor’s statement on time.

2-1- May lead to delay in payements.

2-1-1- May lead to delay in evaluating the contractor’s statements and


payment request (bill) by the consultant.
6- Not defining the deadline for investigating the contractor’s 2- Claims Related to
statement by the employer (Specific to Iran construction laws). Schedule
2-1-2- May lead to delay in evaluating the contractor’s statements and
payment request (bill) by the owner (Specifically about signning the
contractor's stetements by the owner in Iran).

7- Not defining the deadline for delaying in “Substantial


2- Claims Related to
Completion” by the employer (Specific to Iran construction 2-2-5- May lead to late owner-supplied equipment and material.
Schedule
laws).

8- Not defining the deadline for releasing the contractor’s bonds 2-2-6- May lead to late orders by the consultant (such as delay for 2- Claims Related to
(Specific to Iran construction laws). replying technical problems or contractor's information/ inquiry). Schedule

2-1- May lead to delay in payements.


Contra
Proferentem 2-1-1- May lead to delay in evaluating the contractor’s statements and
Rule(using the 9- Inadequate contract provision for enforcement of timely payment request (bill) by the consultant. 2- Claims Related to
unitelligible terms payment. Schedule
2-1-2- May lead to delay in evaluating the contractor’s statements and
payment request (bill) by the owner (Specifically about signning the
contractor's stetements by the owner in Iran).

5-10- May lead to dispute about breach of obligations by the owner.


5- Claims Related to
Damage
10- Inadequate administration of responsibilities by the owner 5-11- May lead to dispute about breach of obligations by the consultant.
or consultant .

2- Claims Related to
2-2- May lead to delay in completion of the project.
Schedule

Page 18
1-2- May lead to unintelligible terms, errors and defects in the terms and
text of the contract. 1-Claims Related to
Contract (Text &
Content)
1-2-4- May lead to terms not written in new contractor’s contract.

2-2- May lead to delay in completion of the project.


2- Claims Related to
2-1-1- May lead to delay in evaluating the contractor’s statements and Schedule
payment request (bill) by the consultant.

3-1- May lead to creep in project scope.

11- Owner's failure to manage the interactions among multiple 3-1-1- May lead to change in project scope as a result of problems 3- Claims Caused by
conractors. identified during construction. Change
3-1-2- May lead to dispute about quantities, cost and time of change
orders.

4-2- May lead to new contractor's dispute due to hidden issues during 4-Claims Related to
the project execution about percent physical progress of the work Difference in Pricing
Contra unfinished and delivered. and Measurement
Proferentem
Rule(using the
unitelligible terms 5-10- May lead to dispute about breach of obligations by the owner.
5- Claims Related to
Damage
5-11- May lead to dispute about breach of obligations by the consultant.

1-Claims Related to
1-2- May lead to unintelligible terms, errors and defects in the terms and
Contract (Text &
text of the contract.
Content)
12-Not defining the payments procedure by the owner (Owner's
bureaucracy). 2-1- May lead to delay in payements.
2- Claims Related to
Schedule
2-1-3- Delay in paying “prepayment installments” by the owner.

4-Claims Related to
4-1- May lead to use of similar materials specified in the contract and its
13- Not defining the materials resources. Difference in Pricing
subsequent dispute for paying the difference cost of materials.
and Measurement

Page 19
6-1- May lead to dispute about project acceleration by “Fast tracking”
method.

6-6-May lead to employer’s opportunistic behavior to use “clause 21”


14- Request for expediting the project but does not change the ((Clause 21: when the contractor does not meet part of his obligations, 6- Opportunistic
terms. then the employer can meet those obligations and contractor will be Claims
owed to employer) (Specific to Iran construction laws)).

6-7- May lead to premature exploitation before issuing the certificate of


substantial completion.
1-Claims Related to
1-2- May lead to unintelligible terms, errors and defects in the terms and
Contract (Text &
text of the contract.
Content)
6-5- May lead to dispute about unfair contract rescission by the
Contra employer (Specific to Iran construction laws)).
Proferentem
Rule(using the 6- Opportunistic
unitelligible terms 6-6-May lead to employer’s opportunistic behavior to use “clause 21”
((Clause 21: when the contractor does not meet part of his obligations, Claims
then the employer can meet those obligations and contractor will be
15- Owner's failure to discuss about key terms and conditions in owed to employer) (Specific to Iran construction laws)).
the contract.

5-10- May lead to dispute about breach of obligations by the owner.

5-10-1- Not paying the contractor’s demands.


5- Claims Related to
5-10-2- Not paying the contractor’s final statement after accepting the Damage
substantial completion by the employer.
5-10-3- Not releasing the bonds after substantial and final completion
by the employer.

Page 20
3-1- May lead to creep in project scope.

16- Not addressing the issues that may arise related to 3-1-1- May lead to change in project scope as a result of problems 3- Claims Caused by
conducting "Value Engineering". identified during construction. Change

3-1-2- May lead to dispute about quantities, cost and time of change
orders.
Innocent
misrepresentation
4-Claims Related to
17- Not addressing the questions about procedures to solve 4-11- May lead to dispute about costs of difference in way of doing
Difference in Pricing
unexpected problems. things and or difference method of pricing .
and Measurement

Negligent 1-Claims Related to


misrepresentation 1-2- May lead to unintelligible terms, errors and defects in the terms and
Contract (Text &
text of the contract.
Content)

18- Cultural diffrences such as "Not addressing the policy about


bribe and financial trancparancy", "Language problem" and etc. 2-1- May lead to delay in payements.
2- Claims Related to
Schedule
2-2- May lead to delay in completion of the project.

2-2-2- May lead to delay caused by force majure and unforeseen


Fraudulent events. 2- Claims Related to
misrepresentation Schedule
19- Public interruption caused by "Unfair compensation for 2-2-9- May lead to delay caused by legal problems with stakeholders
displaced people (opponent)" or not addressing the "Roles and (such as neighbors and etc).
responsibilities of each party" and etc.
May lead to dispute about force majure events
5- Claims Related to
5-4- May lead to dispute about opponent in the land delivered to the Damage
contractor.

Page 21
3-1- May lead to creep in project scope.
3- Claims Caused by
Mutual mistake 1-Unclear scope 3-1-1- May lead to change in project scope as a result of problems Change
identified during construction.

1-1- May lead to different interpretations of the contract. 1-Claims Related to


2- Owner does not address the defects and errors identified by
Contract (Text &
the contractor.
1-2- May lead to unintelligible terms, errors and defects in the terms and Content)
text of the contract.

4-Claims Related to
1-1- May lead to dispute for project additional cost. Difference in Pricing
Unilateral mistake
1-Opportunestic bidding. and Measurement

6-5- May lead to dispute about unfair contract rescission by the 6- Opportunistic
employer (Specific to Iran construction laws)). Claims

6-2- May lead to dispute about applying such difficulty, height


coefficients and etc., in addition to the coefficients applied to the
statement by the consultant.
2- Excessive claims made by contractor beyond client’s 6- Opportunistic
financial projections. 6-3- May lead to dispute about contradiction between contract items and Claims
statement items.

6-5- May lead to dispute about unfair contract rescission by the


employer (Specific to Iran construction laws)).

Frustration 1-Tendency of consultants/clients uneder-valuing. -

2- Claims Related to
1- Delibrate blockage of information flow. 2-2- May lead to delay in completion of the project.
Schedule

1-2- May lead to unintelligible terms, errors and defects in the terms and
text of the contract. 1-Claims Related to
1-Failure to address issues and concerns Contract (Text &
Content)
1-2-2- May lead to errors and defects in contract specifications.

Page 22
1-1- May lead to different interpretations of the contract.
1-Claims Related to
Contract (Text &
1-2- May lead to unintelligible terms, errors and defects in the terms and Content)
text of the contract.
1- Mismatch between risk of domestic and foreign policies.
5-1- May lead to difference interpretation about each party's
responsibilities in facing with force majure events (such as wether,
unforeseen ground conditions and etc) . 5- Claims Related to
Damage
5-7- May lead to dispute about contract termination.

5-7- May lead to dispute about contract termination.

5-7-1- May lead to dispute about contract termination due to “project


Economic Duress cease” caused by employer’s inability to afford the project.
(legitimate
Pressure)
5-7-2-May lead to dispute about “extra compensation” caused by not
accepting the second quarter suspension by the contractor and contract
termination (Specific to Iran construction laws).
5- Claims Related to
1- Supervening events not controllable by the owner.
Damage
5-7-3- May lead to dispute about “extra compensation” caused by not
accepting the increase or decrease more than 25 % of the contract cost
and contract termination (Specific to Iran construction laws).

5-8- May lead to dispute about “project cease cost” caused by


employer’s inability to afford the project when the employer does not
apply suspension to the project (Specific to Iran construction laws).

Page 23
6-3- May lead to dispute about contradiction between contract items and
statement items.
1-Low indices of adjustment in comparision with cost increse 6- Opportunistic
(Before the tender and caused by the government policy). Claims
6-4- May lead to dispute about contradiction between applying
statement indexes and main indexes.

2- Failure to appropriately address changes in the tax codes and 4-Claims Related to
other regulations (Tender time and caused by the government 4-10- May lead to dispute about sudden tax and cost increase. Difference in Pricing
policy). and Measurement

(Economic Duress)
Illegitimate 5- Claims Related to
Pressure 5-1- May lead to dispute about force majure events
Damage
3-Economic duress due to changes in global markets (During
the project). 4-Claims Related to
4-1- May lead to use of similar materials specified in the contract and its
Difference in Pricing
subsequent dispute for paying the difference cost of materials.
and Measurement

Foreseeability
4- Economic conditions due to changing the rules (During the 5- Claims Related to
5-1- May lead to dispute about force majure events
project and caused by the government policy). Damage

Unforeseeable Risk
2-1- May lead to delay in payements.
2- Claims Related to
5- Lack of funds due to economic conditions.
Schedule
2-2- May lead to delay in completion of the project.

Non- Insurable 2-2-2- May lead to delay caused by force majure and unforeseen 2- Claims Related to
Risks events. Schedule
Non-Excusable
Delay 5-1- May lead to dispute about force majure events
6- Force Majure events.
5- Claims Related to
5-1-1- May lead to dispute about sanctions (such as suspension, Damage
Contract
increase or decrease in LC, change in price of materials and equipments
Termination
(especialy in terminating projects which do not have any adjustments) .

Page 24
Time of Essence
2-1- May lead to delay in payements.
Reasonable Time

2-1-2- May lead to delay in evaluating the contractor’s statements and 2- Claims Related to
Extension of Time 1- Unhealthy and inefficient bureaucracies by the owner. payment request (bill) by the owner (Specifically about signning the Schedule
contractor's stetements by the owner in Iran).
“Gross method” for
calculating
2-2- May lead to delay in completion of the project.
compenstion
“Net method” offor
delay
calculating
- -
compenstion of
delay
1-Claims Related to
Completion of the 1-2- Unintelligible terms, errors and defects in the terms and text of the
Contract (Text &
Works contract.
Content)

Programming of
the Works against 1- Unforeseeable event such as "The overall change in the 5-1- Dispute about force majure events (such as wether, unforeseen
delay and dispute system of contract during the performance of contracts." and etc ground conditions and etc) .
.
5- Claims Related to
Damage
Critical Path 5-1-1- Sanctions (such as suspension, increase or decrease in LC,
Method change in price of materials and equipments (especialy in terminating
Applications projects which do not have any adjustments) .

Critical Path 5-6- May lead to dispute about contractor's financial damage caused by
1- The owner does not permit the contractor to insure some 5- Claims Related to
Method fire, theft and similar events if the owner has not permitted the
events. Damage
Weaknesses contractor to insure these events.
2-2-7- May lead to delay in replying the contractor’s inquiry by the
Concurrent Delays 1-Delay in decision making for different tasks by the owner. -
owner.
Concurrency and
- -
Apportionment

- -
Time at Large

Page 25
Liquidated
Damages

Penalties

Quantum meruit

1- Claim losses due to management changes.

2- Claiming losses due to numerous different work orders.


(It can be rewrite in “Penalty”)

Page 26
Law source
Source of Claim Causes of Claim `
of claim (Bill)

1-1- May lead to different interpretations of the contract.

1-2- May lead to unintelligible terms, errors and defects in the terms and text of
1- Owner's inability to communicate performance requirements the contract.
using legal and technical terms (Before the tender such
as:1-Inability to choosing the qualified consultant, 2- Lack of
technical knowledge in employer side, 3- In-appropriate 1-2-1- May lead to errors and defects in primary estimation (such as erroes
contract type, 4- Misallocation of risk in contracts, 5- Lack of a and defects in contract items). 1-Claims Related to
precise definition of the project scope in the contract, 6- Contract (Text &
Misallocation of appropriate funding to the project before the Content)
contract, 7- Employer’s insufficient experience, 8- Unclear 1-2-2- May lead to errors and defects in contract specifications.
method of pricing in the contract, 9- Errors and defects in
drawing caused by "cheap design hired instead of quality", 1-2-3- May lead to errors and defects in project documentation (such as
"cheap design hired instead of quality" and or "not preparing delivering incorrect underground information to the contractor by the
availabale information for designer", 10- In-adequate contract consultant.
administration, 11- Incomplete tender information and 12-
Unrealistic tendering 13- Change in site conditions caused by
Professional
"Lack of money, time and experts in site investigations","Lack 1-2-4- May lead to terms not written in new contractor’s contract.
Obligations
of knowledge of site conditions","Superficial investigation of
site condition","Care lessness of site investigator"," Ignorrance 2-1- May lead to delay in payements.
of client and consultant on important of site investigation"and or
"Wrong interpretation of site investigation"and etc, Contract
time such as: 1- Defects and errors in project documentation 2-1-1- May lead to delay in evaluating the contractor’s statements and
caused by "Inconpetent personal in preparation of project payment request (bill) by the consultant.
documents","Negligence in preparing project
documentation","Inexperience of personal involved in
preparation of documents","Negligence in preparing project 2-1-2- May lead to delay in evaluating the contractor’s statements and
documentation"and or "Inadequate time for document payment request (bill) by the owner (Specifically about signning the 2- Claims Related to
preparation" 2- Inadequate contract documents and etc, 3- contractor's stetements by the owner in Iran). Schedule
During the project: 1- Unquestioning obidence consulting
engineer 2- Lack of coordination of work between the
contractors and etc).
2-1-3- May lead to delay in paying “prepayment installments” by the owner.

2-2- May lead to delay in completion of the project.

Page 27
2-2-1- May lead to delay caused by other contractors employed by the owner.

2-2-2- May lead to delay caused by force majure and unforeseen events.
1- Owner's inability to communicate performance requirements
using legal and technical terms (Before the tender such
as:1-Inability to choosing the qualified consultant, 2- Lack of
technical knowledge in employer side, 3- In-appropriate 2-2-3- May lead to delay in revising and providing timely corrective
contract type, 4- Misallocation of risk in contracts, 5- Lack of a drawings.
precise definition of the project scope in the contract, 6-
Misallocation of appropriate funding to the project before the
contract, 7- Employer’s insufficient experience, 8- Unclear 2-2-4- May lead to delay in ordering and purchasing materials due to delay in
method of pricing in the contract, 9- Errors and defects in approving drawings.
drawing caused by "cheap design hired instead of quality",
"cheap design hired instead of quality" and or "not preparing
availabale information for designer", 10- In-adequate contract
administration, 11- Incomplete tender information and 12- 2-2-5- May lead to late owner-supplied equipment and material.
Unrealistic tendering 13- Change in site conditions caused by
Professional 2- Claims Related to
"Lack of money, time and experts in site investigations","Lack
Obligations 2-2-6- May lead to late orders by the consultant (such as delay for replying Schedule
of knowledge of site conditions","Superficial investigation of
site condition","Care lessness of site investigator"," Ignorrance technical problems or contractor's information/ inquiry).
of client and consultant on important of site investigation"and or
"Wrong interpretation of site investigation"and etc, Contract
time such as: 1- Defects and errors in project documentation 2-2-7- May lead to delay in replying the contractor’s inquiry by the owner.
caused by "Inconpetent personal in preparation of project
documents","Negligence in preparing project
documentation","Inexperience of personal involved in
preparation of documents","Negligence in preparing project 2-2-8- May lead to delay caused by changing the owner in duration of project.
documentation"and or "Inadequate time for document
preparation" 2- Inadequate contract documents and etc, 3-
During the project: 1- Unquestioning obidence consulting 2-2-9- May lead to delay caused by legal problems with stakeholders (such as
engineer 2- Lack of coordination of work between the neighbors and etc).
contractors and etc).

2-3- May lead to delay in site possession or "Right of way" by the owner.

2-4-May lead to delay in obtaining permits by the owner.

Page 28
2-5- May lead to delay in issuing the certification of substantial completion by
the owner.
2- Claims Related to
Schedule
2-6- May lead to delay in relasing the bonds after substantial and final
completion.

1- Owner's inability to communicate performance requirements


using legal and technical terms (Before the tender such 3-1- May lead to creep in project scope.
as:1-Inability to choosing the qualified consultant, 2- Lack of
technical knowledge in employer side, 3- In-appropriate
contract type, 4- Misallocation of risk in contracts, 5- Lack of a 3-1-1- May lead to change in project scope as a result of problems identified
precise definition of the project scope in the contract, 6- during construction.
Misallocation of appropriate funding to the project before the
contract, 7- Employer’s insufficient experience, 8- Unclear
method of pricing in the contract, 9- Errors and defects in 3-1-2- May lead to dispute about quantities, cost and time of change orders.
drawing caused by "cheap design hired instead of quality",
"cheap design hired instead of quality" and or "not preparing
availabale information for designer", 10- In-adequate contract
administration, 11- Incomplete tender information and 12- 3-2- May lead to change in site conditions.
Unrealistic tendering 13- Change in site conditions caused by
Professional 3- Claims Caused by
"Lack of money, time and experts in site investigations","Lack
Obligations Change
of knowledge of site conditions","Superficial investigation of
site condition","Care lessness of site investigator"," Ignorrance 3-3- May lead to change in project location or the project stations location.
of client and consultant on important of site investigation"and or
"Wrong interpretation of site investigation"and etc, Contract
time such as: 1- Defects and errors in project documentation
caused by "Inconpetent personal in preparation of project 3-4- May lead to change in the procedure for shop-drawings.
documents","Negligence in preparing project
documentation","Inexperience of personal involved in
preparation of documents","Negligence in preparing project 3-5- May lead to change in the execution method caused by drawings changes.
documentation"and or "Inadequate time for document
preparation" 2- Inadequate contract documents and etc, 3-
During the project: 1- Unquestioning obidence consulting
engineer 2- Lack of coordination of work between the 3-6- May lead to change in the project phases delivery schedule.
contractors and etc).

4-1- May lead to use of similar materials specified in the contract and its
subsequent dispute for paying the difference cost of materials. 4-Claims Related to
Difference in Pricing
4-2- May lead to new contractor's dispute due to hidden issues during the and Measurement
project execution about percent physical progress of the work unfinished and
delivered.

Page 29
4-3- May lead to dispute about quantities and cost of site materials and
equipment .

4-4- May lead to dispute about cost caused by bonds extension.

1- Owner's inability to communicate performance requirements


using legal and technical terms (Before the tender such 4-5- May lead to dispute about costs caused by rescission.
as:1-Inability to choosing the qualified consultant, 2- Lack of
technical knowledge in employer side, 3- In-appropriate
contract type, 4- Misallocation of risk in contracts, 5- Lack of a 4-6- May lead to dispute about costs caused by termination (such as quantities
precise definition of the project scope in the contract, 6- and cost of site materials and equipment, demands and etc).
Misallocation of appropriate funding to the project before the
contract, 7- Employer’s insufficient experience, 8- Unclear
method of pricing in the contract, 9- Errors and defects in 4-7- May lead to dispute about costs of the project resources transportation
drawing caused by "cheap design hired instead of quality", caused by circumventing sanctions for special contracts (Specific to Iran).
"cheap design hired instead of quality" and or "not preparing
availabale information for designer", 10- In-adequate contract
4-8- May lead to dispute about materials cost applying for temporary buildings
administration, 11- Incomplete tender information and 12-
of workshop (Not including in contract materials).
Unrealistic tendering 13- Change in site conditions caused by 4-Claims Related to
Professional
"Lack of money, time and experts in site investigations","Lack Difference in Pricing
Obligations
of knowledge of site conditions","Superficial investigation of and Measurement
site condition","Care lessness of site investigator"," Ignorrance 4-9- May lead to dispute about insurance issues.
of client and consultant on important of site investigation"and or
"Wrong interpretation of site investigation"and etc, Contract
time such as: 1- Defects and errors in project documentation 4-10- May lead to dispute about sudden tax and cost increase.
caused by "Inconpetent personal in preparation of project
documents","Negligence in preparing project
documentation","Inexperience of personal involved in
preparation of documents","Negligence in preparing project 4-11- May lead to dispute about costs of difference in way of doing things and
documentation"and or "Inadequate time for document or difference method of pricing .
preparation" 2- Inadequate contract documents and etc, 3-
During the project: 1- Unquestioning obidence consulting 4-12- May lead to dispute about projects costs which have finished in terms of
engineer 2- Lack of coordination of work between the contract price, but have not finished in terms of project costs or new items.
contractors and etc).

4-13- May lead to dispute about costs caused by changing the items unit.

4-14- May lead to dispute about costs caused by restricted access to the site.

Page 30
5-1- May lead to dispute about force majure events (such as wether, unforeseen
ground conditions and etc) .

5-1-1- May lead to dispute about sanctions (such as suspension, increase or


decrease in LC, change in price of materials and equipments (especialy in
terminating projects which do not have any adjustments) .
1- Owner's inability to communicate performance requirements
using legal and technical terms (Before the tender such
as:1-Inability to choosing the qualified consultant, 2- Lack of 5-2- May lead to dispute about financial failure of the owner.
technical knowledge in employer side, 3- In-appropriate
contract type, 4- Misallocation of risk in contracts, 5- Lack of a
precise definition of the project scope in the contract, 6- 5-3- May lead to dispute about vindicating the contractor's crime (neighbors's
Misallocation of appropriate funding to the project before the or stakeholders' damage caused by the contractor) due to reasons provided by
contract, 7- Employer’s insufficient experience, 8- Unclear the contractor.
method of pricing in the contract, 9- Errors and defects in
drawing caused by "cheap design hired instead of quality",
"cheap design hired instead of quality" and or "not preparing 5-4- May lead to dispute about opponent in the land delivered to the contractor.
availabale information for designer", 10- In-adequate contract
administration, 11- Incomplete tender information and 12-
Unrealistic tendering 13- Change in site conditions caused by 5-5- May lead to dispute about damages caused by adherencing to safety
Professional 5- Claims Related to
"Lack of money, time and experts in site investigations","Lack instructions and workshop suspension.
Obligations Damage
of knowledge of site conditions","Superficial investigation of
site condition","Care lessness of site investigator"," Ignorrance 5-6- May lead to dispute about contractor's financial damage caused by fire,
of client and consultant on important of site investigation"and or theft and similar events if the owner has not permitted the contractor to insure
"Wrong interpretation of site investigation"and etc, Contract these events.
time such as: 1- Defects and errors in project documentation
caused by "Inconpetent personal in preparation of project
documents","Negligence in preparing project 5-7- May lead to dispute about contract termination.
documentation","Inexperience of personal involved in
preparation of documents","Negligence in preparing project
documentation"and or "Inadequate time for document 5-7-1- May lead to dispute about contract termination due to “project cease”
preparation" 2- Inadequate contract documents and etc, 3- caused by employer’s inability to afford the project.
During the project: 1- Unquestioning obidence consulting
engineer 2- Lack of coordination of work between the
contractors and etc). 5-7-2-May lead to dispute about “extra compensation” caused by not
accepting the second quarter suspension by the contractor and contract
termination (Specific to Iran construction laws).

5-7-3- May lead to dispute about “extra compensation” caused by not


accepting the increase or decrease more than 25 % of the contract cost and
contract termination (Specific to Iran construction laws).

Page 31
5-8- May lead to dispute about “project cease cost” caused by employer’s
inability to afford the project when the employer does not apply suspension to
the project (Specific to Iran construction laws).

5-9- May lead to dispute about bonds confiscation by the owner and before
rescinding the contract (Specific to Iran construction laws).
1- Owner's inability to communicate performance requirements
using legal and technical terms (Before the tender such 5-10- May lead to dispute about breach of obligations by the owner.
as:1-Inability to choosing the qualified consultant, 2- Lack of
technical knowledge in employer side, 3- In-appropriate 5-10-1- Not paying the contractor’s demands.
contract type, 4- Misallocation of risk in contracts, 5- Lack of a
precise definition of the project scope in the contract, 6-
Misallocation of appropriate funding to the project before the 5-10-2- Not paying the contractor’s final statement after accepting the
contract, 7- Employer’s insufficient experience, 8- Unclear substantial completion by the employer.
method of pricing in the contract, 9- Errors and defects in
drawing caused by "cheap design hired instead of quality", 5-10-3- Not releasing the bonds after substantial and final completion by the
"cheap design hired instead of quality" and or "not preparing employer.
availabale information for designer", 10- In-adequate contract
administration, 11- Incomplete tender information and 12-
Unrealistic tendering 13- Change in site conditions caused by
Professional 5-10-4- Not investigating the contractor’s statement on time. 5- Claims Related to
"Lack of money, time and experts in site investigations","Lack
Obligations Damage
of knowledge of site conditions","Superficial investigation of
site condition","Care lessness of site investigator"," Ignorrance
of client and consultant on important of site investigation"and or 5-10-5- Not issuing or delay in issuing the certification of substantial
"Wrong interpretation of site investigation"and etc, Contract completion by the owner.
time such as: 1- Defects and errors in project documentation
caused by "Inconpetent personal in preparation of project
documents","Negligence in preparing project 5-10-6- Dispute about the damage of delay in site possession by the owner.
documentation","Inexperience of personal involved in
preparation of documents","Negligence in preparing project
documentation"and or "Inadequate time for document 5-11- May lead to dispute about breach of obligations by the consultant.
preparation" 2- Inadequate contract documents and etc, 3-
During the project: 1- Unquestioning obidence consulting
engineer 2- Lack of coordination of work between the 5-12- May lead to dispute about costs of changing the owner in duration of
contractors and etc). project.

5-13- May lead to dispute about damage caused by applying consultant’s


instructions or contractor's claim that he is no responsible for the accuracy of
contract precedures.

5-14- May lead to dispute about installation moving and the cost of their
damages on the project.

Page 32
5-15- May lead to dispute about overhead costs caused by increasing the time
beyond project duration.

5-16- May lead to dispute about continuous costs of site mobilization caused by 5- Claims Related to
increasing the time beyond project duration. Damage
1- Owner's inability to communicate performance requirements
using legal and technical terms (Before the tender such 5-17- May lead to dispute about costs when the equipments are idle in the
as:1-Inability to choosing the qualified consultant, 2- Lack of workshop caused by increasing the time beyond project duration.
technical knowledge in employer side, 3- In-appropriate
contract type, 4- Misallocation of risk in contracts, 5- Lack of a
precise definition of the project scope in the contract, 6-
Misallocation of appropriate funding to the project before the 6-1- May lead to dispute about project acceleration by “Fast tracking” method.
contract, 7- Employer’s insufficient experience, 8- Unclear
method of pricing in the contract, 9- Errors and defects in
drawing caused by "cheap design hired instead of quality",
"cheap design hired instead of quality" and or "not preparing
availabale information for designer", 10- In-adequate contract 6-2- May lead to dispute about applying such difficulty, height coefficients and
administration, 11- Incomplete tender information and 12- etc., in addition to the coefficients applied to the statement by the consultant.
Unrealistic tendering 13- Change in site conditions caused by
Professional
"Lack of money, time and experts in site investigations","Lack
Obligations
of knowledge of site conditions","Superficial investigation of
site condition","Care lessness of site investigator"," Ignorrance
of client and consultant on important of site investigation"and or 6-3- May lead to dispute about contradiction between contract items and
"Wrong interpretation of site investigation"and etc, Contract statement items.
time such as: 1- Defects and errors in project documentation 6- Opportunistic
caused by "Inconpetent personal in preparation of project Claims
documents","Negligence in preparing project
documentation","Inexperience of personal involved in
preparation of documents","Negligence in preparing project
documentation"and or "Inadequate time for document 6-4- May lead to dispute about contradiction between applying statement
preparation" 2- Inadequate contract documents and etc, 3- indexes and main indexes.
During the project: 1- Unquestioning obidence consulting
engineer 2- Lack of coordination of work between the
contractors and etc).

6-5- May lead to dispute about unfair contract rescission by the employer
(Specific to Iran construction laws)).

Page 33
1-2-3- May lead to errors and defects in project documentation (such as 1-Claims Related to
delivering incorrect underground information to the contractor by the Contract (Text &
consultant. Content)

2-2-3- May lead to delay in revising and providing timely corrective


drawings.

2-2-4- May lead to delay in ordering and purchasing materials due to delay in
approving drawings.
2- Claims Related to
Schedule
2- Consultant's inability to communicate performance 2-2-6- May lead to late orders by the consultant (such as delay for replying
requirements using legal and technical terms (Before the tender technical problems or contractor's information/ inquiry).
such as: 1-Errors and defects in drawing caused by "Inferior
quality of drawings or specifications", "Wrong design
data"Incompetent designer","Inexperience of
designer","Misinterpretation of client’s requirement by the 2-2-7- May lead to delay in replying the contractor’s inquiry by the owner.
designer"and or"Low consultancy fee" 2-Change in site
Professional
conditions caused by "Lack of money, time and experts in site
Obligations
investigations","Lack of knowledge of site 3-1- May lead to creep in project scope.
conditions","Superficial investigation of site condition","Care
lessness of site investigator"," Ignorrance of client and
consultant on important of site investigation"and or "Wrong
interpretation of site investigation"and etc, During the project: 3-1-1- May lead to change in project scope as a result of problems identified
The absence of timely advice for solving problems in the during construction.
workshop by the counsultant and etc) .

3-1-2- May lead to dispute about quantities, cost and time of change orders. 3- Claims Caused by
Change

3-2- May lead to change in site conditions.

3-3- May lead to change in project location or the project stations location.

3-5- May lead to change in the execution method caused by drawings changes.

Page 34
4-11- May lead to dispute about costs of difference in way of doing things and
or difference method of pricing .

4-Claims Related to
4-12- May lead to dispute about projects costs which have finished in terms of Difference in Pricing
contract price, but have not finished in terms of project costs or new items. and Measurement

4-14- May lead to dispute about costs caused by restricted access to the site.
2- Consultant's inability to communicate performance
requirements using legal and technical terms (Before the tender
such as: 1-Errors and defects in drawing caused by "Inferior 5-7-3- May lead to dispute about “extra compensation” caused by not
quality of drawings or specifications", "Wrong design accepting the increase or decrease more than 25 % of the contract cost and
data"Incompetent designer","Inexperience of contract termination (Specific to Iran construction laws).
designer","Misinterpretation of client’s requirement by the
designer"and or"Low consultancy fee" 2-Change in site
Professional
conditions caused by "Lack of money, time and experts in site 5-11- May lead to dispute about breach of obligations by the consultant.
Obligations
investigations","Lack of knowledge of site
conditions","Superficial investigation of site condition","Care
lessness of site investigator"," Ignorrance of client and 5-13- May lead to dispute about damage caused by applying consultant’s
consultant on important of site investigation"and or "Wrong instructions or contractor's claim that he is no responsible for the accuracy of
interpretation of site investigation"and etc, During the project: contract precedures.
The absence of timely advice for solving problems in the 5- Claims Related to
workshop by the counsultant and etc) . Damage
5-15- May lead to dispute about overhead costs caused by increasing the time
beyond project duration.

5-16- May lead to dispute about continuous costs of site mobilization caused by
increasing the time beyond project duration.

5-17- May lead to dispute about costs when the equipments are idle in the
workshop caused by increasing the time beyond project duration.

Page 35
6-2- May lead to dispute about applying such difficulty, height coefficients and
etc., in addition to the coefficients applied to the statement by the consultant.

2- Consultant's inability to communicate performance 6-3- May lead to dispute about contradiction between contract items and
requirements using legal and technical terms (Before the tender statement items.
such as: 1-Errors and defects in drawing caused by "Inferior
quality of drawings or specifications", "Wrong design
data"Incompetent designer","Inexperience of
designer","Misinterpretation of client’s requirement by the 6-2- May lead to dispute about applying such difficulty, height coefficients and
designer"and or"Low consultancy fee" 2-Change in site etc., in addition to the coefficients applied to the statement by the consultant.
Professional 6- Opportunistic
conditions caused by "Lack of money, time and experts in site
Obligation Claims
investigations","Lack of knowledge of site
conditions","Superficial investigation of site condition","Care
lessness of site investigator"," Ignorrance of client and 6-6-May lead to employer’s opportunistic behavior to use “clause 21” ((Clause
consultant on important of site investigation"and or "Wrong 21: when the contractor does not meet part of his obligations, then the employer
interpretation of site investigation"and etc, During the project: can meet those obligations and contractor will be owed to employer) (Specific
The absence of timely advice for solving problems in the to Iran construction laws)).
workshop by the counsultant and etc) .

6-7- May lead to premature exploitation before issuing the certificate of


substantial completion.

Duty of Care 5-6- May lead to dispute about contractor's financial damage caused by fire,
3- The owner does not permit the contractor to insure some 5- Claims Related to
and Negligent theft and similar events if the owner has not permitted the contractor to insure
events. Damage
Statements these events.

Contra
Proferentem
Rule(using 4- Applying the contractor's site, temporary buildings and or 5- Claims Related to
May lead to dispute about the responsible of the damage.
the using finished parts of the project by the owner. Damage
unitelligible
terms

Page 36
1-2- May lead to unintelligible terms, errors and defects in the terms and text of
the contract.
5-Not defining the employer’s representative, staffs and
5- Claims Related to
inspection to clarify their responsibilities in the face of disputes
2-2- May lead to delay in completion of the project. Damage
(Specific to Iran construction laws).

5-10- Dispute about breach of obligations by the owner.

1-2-3- May lead to errors and defects in project documentation (such as


delivering incorrect underground information to the contractor by the
consultant.
6- Not defining the direct supervisor, resident supervisor and
5- Claims Related to
etc, to clarify their responsibilities in the face of disputes 2-2-3- May lead to delay in revising and providing timely corrective Damage
Contra (Specific to Iran construction laws). drawings.
Proferentem
Rule(using
the 5-11- May lead to dispute about breach of obligations by the consultant.
unitelligible
terms
1-1- May lead to different interpretations of the contract. 1-Claims Related to
Contract (Text &
1-2- May lead to unintelligible terms, errors and defects in the terms and text of Content)
the contract.
5-15- May lead to dispute about overhead costs caused by increasing the time
7- Not defining the “time validity of contract” (from the date of beyond project duration.
signing till the final settlement) in the face of disputes (Specific
to Iran construction laws). 5-16- May lead to dispute about continuous costs of site mobilization caused by
increasing the time beyond project duration. 5- Claims Related to
Damage

5-17- May lead to dispute about costs when the equipments are idle in the
workshop caused by increasing the time beyond project duration.

Page 37
8- Not defining the exact definition of “Project duration”
(project duration minus duration of contractor’s non-excusable 2- Claims Related to
2-2- May lead to delay in completion of the project.
delay) in the face of disputes (Specific to Iran construction Schedule
laws).

2-1-1- May lead to delay in evaluating the contractor’s statements and


payment request (bill) by the consultant.

2-1-2- May lead to delay in evaluating the contractor’s statements and


payment request (bill) by the owner (Specifically about signning the 2- Claims Related to
contractor's stetements by the owner in Iran). Schedule

9- Not defining the delay in paying contractor’s payment


request, statements and etc (Specific to Iran construction laws). 2-1-3- May lead to delay in paying “prepayment installments” by the owner.
Contra
Proferentem
Rule(using May lead to dispute about breach of obligations by the owner (Not paying the
5- Claims Related to
the contractor’s demands, Not paying the contractor’s final statement after
Damage
unitelligible accepting the substantial completion and etc).
terms

2-1-1- May lead to delay in evaluating the contractor’s statements and


payment request (bill) by the consultant.

10- Not defining the deadline for investigating the contractor’s 2- Claims Related to
statement by the employer (Specific to Iran construction laws). 2-1-2- May lead to delay in evaluating the contractor’s statements and Schedule
payment request (bill) by the owner (Specifically about signning the
contractor's stetements by the owner in Iran).

11- Not defining the deadline for delaying in “Substantial


2- Claims Related to
Completion” by the employer (Specific to Iran construction 2-2-5- May lead to late owner-supplied equipment and material.
Schedule
laws).

12- Not defining the deadline for releasing the contractor’s 2-2-6- May lead to late orders by the consultant (such as delay for replying 2- Claims Related to
bonds (Specific to Iran construction laws). technical problems or contractor's information/ inquiry). Schedule

Page 38
2-1- May lead to delay in payements.

2-1-1- May lead to delay in evaluating the contractor’s statements and


13- Inadequate contract provision for enforcement of timely payment request (bill) by the consultant. 2- Claims Related to
payment. Schedule
2-1-2- May lead to delay in evaluating the contractor’s statements and
payment request (bill) by the owner (Specifically about signning the
contractor's stetements by the owner in Iran).

5-10- May lead to dispute about breach of obligations by the owner.


5- Claims Related to
Damage
14- Inadequate administration of responsibilities by the owner 5-11- May lead to dispute about breach of obligations by the consultant.
or consultant .

2- Claims Related to
2-2- May lead to delay in completion of the project.
Schedule

1-2- May lead to unintelligible terms, errors and defects in the terms and text of
the contract. 1-Claims Related to
Contract (Text &
Content)
1-2-4- May lead to terms not written in new contractor’s contract.

15- Owner's failure to manage the interactions among multiple


conractors.

Page 39
2-2- May lead to delay in completion of the project.
2- Claims Related to
2-1-1- May lead to delay in evaluating the contractor’s statements and Schedule
payment request (bill) by the consultant.

3-1- May lead to creep in project scope.

15- Owner's failure to manage the interactions among multiple 3-1-1- May lead to change in project scope as a result of problems identified 3- Claims Caused by
conractors. during construction. Change

3-1-2- May lead to dispute about quantities, cost and time of change orders.

4-2- May lead to new contractor's dispute due to hidden issues during the 4-Claims Related to
project execution about percent physical progress of the work unfinished and Difference in Pricing
delivered. and Measurement

5-10- May lead to dispute about breach of obligations by the owner.


5- Claims Related to
Damage
5-11- May lead to dispute about breach of obligations by the consultant.

1-Claims Related to
1-2- May lead to unintelligible terms, errors and defects in the terms and text of
Contract (Text &
the contract.
Content)
16-Not defining the payments procedure by the owner (Owner's
bureaucracy). 2-1- May lead to delay in payements.
2- Claims Related to
Schedule
2-1-3- Delay in paying “prepayment installments” by the owner.

4-Claims Related to
4-1- May lead to use of similar materials specified in the contract and its
17- Not defining the materials resources. Difference in Pricing
subsequent dispute for paying the difference cost of materials.
and Measurement

6-1- May lead to dispute about project acceleration by “Fast tracking” method.

6-6-May lead to employer’s opportunistic behavior to use “clause 21” ((Clause


18- Request for expediting the project but does not change the 21: when the contractor does not meet part of his obligations, then the employer 6- Opportunistic
terms. can meet those obligations and contractor will be owed to employer) (Specific Claims
to Iran construction laws)).

6-7- May lead to premature exploitation before issuing the certificate of


substantial completion.

Page 40
1-Claims Related to
1-2- May lead to unintelligible terms, errors and defects in the terms and text of
Contract (Text &
the contract.
Content)
6-5- May lead to dispute about unfair contract rescission by the employer
(Specific to Iran construction laws)).

6-6-May lead to employer’s opportunistic behavior to use “clause 21” ((Clause 6- Opportunistic
21: when the contractor does not meet part of his obligations, then the employer Claims
can meet those obligations and contractor will be owed to employer) (Specific
19- Owner's failure to discuss about key terms and conditions in to Iran construction laws)).
the contract.

5-10- May lead to dispute about breach of obligations by the owner.

5-10-1- Not paying the contractor’s demands.


5- Claims Related to
5-10-2- Not paying the contractor’s final statement after accepting the Damage
substantial completion by the employer.
5-10-3- Not releasing the bonds after substantial and final completion by the
employer.

3-1- May lead to creep in project scope.

20- Not addressing the issues that may arise related to 3-1-1- May lead to change in project scope as a result of problems identified 3- Claims Caused by
conducting "Value Engineering". during construction. Change

3-1-2- May lead to dispute about quantities, cost and time of change orders.

4-Claims Related to
21- Not addressing the questions about procedures to solve 4-11- May lead to dispute about costs of difference in way of doing things and
Difference in Pricing
unexpected problems. or difference method of pricing .
and Measurement

1-Claims Related to
1-2- May lead to unintelligible terms, errors and defects in the terms and text of
Contract (Text &
the contract.
Content)

21- Cultural diffrences such as "Not addressing the policy about


bribe and financial trancparancy", "Language problem" and etc. 2-1- May lead to delay in payements.
2- Claims Related to
Schedule
2-2- May lead to delay in completion of the project.

2-2-2- May lead to delay caused by force majure and unforeseen events.
2- Claims Related to
Schedule
22- Public interruption caused by "Unfair compensation for
displaced people (opponent)" or not addressing the "Roles and
responsibilities of each party" and etc. Page 41
2-2-2- May lead to delay caused by force majure and unforeseen events.
2- Claims Related to
Schedule
22- Public interruption caused by "Unfair compensation for 2-2-9- May lead to delay caused by legal problems with stakeholders (such as
displaced people (opponent)" or not addressing the "Roles and neighbors and etc).
responsibilities of each party" and etc.
May lead to dispute about force majure events
5- Claims Related to
Damage
5-4- May lead to dispute about opponent in the land delivered to the contractor.

3-1- May lead to creep in project scope.


3- Claims Caused by
23-Unclear scope 3-1-1- May lead to change in project scope as a result of problems identified Change
during construction.

1-1- May lead to different interpretations of the contract. 1-Claims Related to


24- Owner does not address the defects and errors identified
Contract (Text &
by the contractor.
1-2- May lead to unintelligible terms, errors and defects in the terms and text of Content)
the contract.

4-Claims Related to
1-1- May lead to dispute for project additional cost. Difference in Pricing
25-Opportunestic bidding. and Measurement

6-5- May lead to dispute about unfair contract rescission by the employer 6- Opportunistic
(Specific to Iran construction laws)). Claims

6-2- May lead to dispute about applying such difficulty, height coefficients and
etc., in addition to the coefficients applied to the statement by the consultant.

26- Excessive claims made by contractor beyond client’s 6- Opportunistic


financial projections. 6-3- May lead to dispute about contradiction between contract items and Claims
statement items.

6-5- May lead to dispute about unfair contract rescission by the employer
(Specific to Iran construction laws)).

27-Tendency of consultants/clients uneder-valuing. -

2- Claims Related to
28- Delibrate blockage of information flow. 2-2- May lead to delay in completion of the project.
Schedule

1-2- May lead to unintelligible terms, errors and defects in the terms and text of
the contract. 1-Claims Related to
29-Failure to address issues and concerns Contract (Text &
Content)
1-2-2- May lead to errors and defects in contract specifications.

Page 42
1-1- May lead to different interpretations of the contract.
1-Claims Related to
Contract (Text &
1-2- May lead to unintelligible terms, errors and defects in the terms and text of Content)
the contract.
30- Mismatch between risk of domestic and foreign policies.
5-1- May lead to difference interpretation about each party's responsibilities in
facing with force majure events (such as wether, unforeseen ground conditions
and etc) . 5- Claims Related to
Damage
5-7- May lead to dispute about contract termination.

5-7- May lead to dispute about contract termination.

5-7-1- May lead to dispute about contract termination due to “project cease”
caused by employer’s inability to afford the project.

5-7-2-May lead to dispute about “extra compensation” caused by not


accepting the second quarter suspension by the contractor and contract
termination (Specific to Iran construction laws).
5- Claims Related to
31- Supervening events not controllable by the owner.
Damage
5-7-3- May lead to dispute about “extra compensation” caused by not
accepting the increase or decrease more than 25 % of the contract cost and
contract termination (Specific to Iran construction laws).

5-8- May lead to dispute about “project cease cost” caused by employer’s
inability to afford the project when the employer does not apply suspension to
the project (Specific to Iran construction laws).

6-3- May lead to dispute about contradiction between contract items and
statement items.
32-Low indices of adjustment in comparision with cost increse 6- Opportunistic
(Before the tender and caused by the government policy). Claims
6-4- May lead to dispute about contradiction between applying statement
indexes and main indexes.

33- Failure to appropriately address changes in the tax codes 4-Claims Related to
and other regulations (Tender time and caused by the 4-10- May lead to dispute about sudden tax and cost increase. Difference in Pricing
government policy). and Measurement

5- Claims Related to
5-1- May lead to dispute about force majure events
Damage
34-Economic duress due to changes in global markets (During
the project).

Page 43
34-Economic duress due to changes in global markets (During
the project). 4-Claims Related to
4-1- May lead to use of similar materials specified in the contract and its
Difference in Pricing
subsequent dispute for paying the difference cost of materials.
and Measurement

35- Economic conditions due to changing the rules (During the 5- Claims Related to
5-1- May lead to dispute about force majure events
project and caused by the government policy). Damage

2-1- May lead to delay in payements.


2- Claims Related to
36- Lack of funds due to economic conditions.
Schedule
2-2- May lead to delay in completion of the project.

2- Claims Related to
2-2-2- May lead to delay caused by force majure and unforeseen events.
Schedule

5-1- May lead to dispute about force majure events


37- Force Majure events.
5- Claims Related to
5-1-1- May lead to dispute about sanctions (such as suspension, increase or Damage
decrease in LC, change in price of materials and equipments (especialy in
terminating projects which do not have any adjustments) .

2-1- May lead to delay in payements.

2-1-2- May lead to delay in evaluating the contractor’s statements and 2- Claims Related to
38- Unhealthy and inefficient bureaucracies by the owner. payment request (bill) by the owner (Specifically about signning the Schedule
contractor's stetements by the owner in Iran).

2-2- May lead to delay in completion of the project.

- -

1-Claims Related to
1-2- Unintelligible terms, errors and defects in the terms and text of the
Contract (Text &
contract.
Content)

39- Unforeseeable event such as "The overall change in the 5-1- Dispute about force majure events (such as wether, unforeseen ground
system of contract during the performance of contracts." and etc conditions and etc) .
.
5- Claims Related to
5-1-1- Sanctions (such as suspension, increase or decrease in LC, change in Damage
price of materials and equipments (especialy in terminating projects which do
not have any adjustments) .

Page 44
5-6- May lead to dispute about contractor's financial damage caused by fire,
40- The owner does not compensate the contractor to insure 5- Claims Related to
theft and similar events if the owner has not permitted the contractor to insure
some events. Damage
these events.

41-Delay in decision making for different tasks by the owner. 2-2-7- May lead to delay in replying the contractor’s inquiry by the owner. -

- -

- -

1- Claim losses due to management changes.

2- Claiming losses due to numerous different work orders.


(It can be rewrite in “Penalty”)

Page 45
Law source
Source of Claim Causes of Claim Type of Claim
of claim (Bill)

1-1- May lead to different interpretations of the contract.

1-2- May lead to unintelligible terms, errors and defects in the terms and text of
1- Owner's inability to communicate performance requirements the contract.
using legal and technical terms (Before the tender such
as:1-Inability to choosing the qualified consultant, 2- Lack of
technical knowledge in employer side, 3- In-appropriate 1-2-1- May lead to errors and defects in primary estimation (such as erroes
contract type, 4- Misallocation of risk in contracts, 5- Lack of a and defects in contract items). 1-Claims Related to
precise definition of the project scope in the contract, 6- Contract (Text &
Misallocation of appropriate funding to the project before the Content)
contract, 7- Employer’s insufficient experience, 8- Unclear 1-2-2- May lead to errors and defects in contract specifications.
method of pricing in the contract, 9- Errors and defects in
drawing caused by "cheap design hired instead of quality", 1-2-3- May lead to errors and defects in project documentation (such as
"cheap design hired instead of quality" and or "not preparing delivering incorrect underground information to the contractor by the
availabale information for designer", 10- In-adequate contract consultant.
administration, 11- Incomplete tender information and 12-
Unrealistic tendering 13- Change in site conditions caused by
Professional
"Lack of money, time and experts in site investigations","Lack 1-2-4- May lead to terms not written in new contractor’s contract.
Obligations
of knowledge of site conditions","Superficial investigation of
site condition","Care lessness of site investigator"," Ignorrance 2-1- May lead to delay in payements.
of client and consultant on important of site investigation"and or
"Wrong interpretation of site investigation"and etc, Contract
time such as: 1- Defects and errors in project documentation 2-1-1- May lead to delay in evaluating the contractor’s statements and
caused by "Inconpetent personal in preparation of project payment request (bill) by the consultant.
documents","Negligence in preparing project
documentation","Inexperience of personal involved in
preparation of documents","Negligence in preparing project 2-1-2- May lead to delay in evaluating the contractor’s statements and
documentation"and or "Inadequate time for document payment request (bill) by the owner (Specifically about signning the 2- Claims Related to
preparation" 2- Inadequate contract documents and etc, 3- contractor's stetements by the owner in Iran). Schedule
During the project: 1- Unquestioning obidence consulting
engineer 2- Lack of coordination of work between the
contractors and etc).
2-1-3- May lead to delay in paying “prepayment installments” by the owner.

2-2- May lead to delay in completion of the project.

Page 46
2-2-1- May lead to delay caused by other contractors employed by the owner.

2-2-2- May lead to delay caused by force majure and unforeseen events.
1- Owner's inability to communicate performance requirements
using legal and technical terms (Before the tender such
as:1-Inability to choosing the qualified consultant, 2- Lack of
technical knowledge in employer side, 3- In-appropriate 2-2-3- May lead to delay in revising and providing timely corrective
contract type, 4- Misallocation of risk in contracts, 5- Lack of a drawings.
precise definition of the project scope in the contract, 6-
Misallocation of appropriate funding to the project before the
contract, 7- Employer’s insufficient experience, 8- Unclear 2-2-4- May lead to delay in ordering and purchasing materials due to delay in
method of pricing in the contract, 9- Errors and defects in approving drawings.
drawing caused by "cheap design hired instead of quality",
"cheap design hired instead of quality" and or "not preparing
availabale information for designer", 10- In-adequate contract
administration, 11- Incomplete tender information and 12- 2-2-5- May lead to late owner-supplied equipment and material.
Unrealistic tendering 13- Change in site conditions caused by
Professional 2- Claims Related to
"Lack of money, time and experts in site investigations","Lack
Obligations 2-2-6- May lead to late orders by the consultant (such as delay for replying Schedule
of knowledge of site conditions","Superficial investigation of
site condition","Care lessness of site investigator"," Ignorrance technical problems or contractor's information/ inquiry).
of client and consultant on important of site investigation"and or
"Wrong interpretation of site investigation"and etc, Contract
time such as: 1- Defects and errors in project documentation 2-2-7- May lead to delay in replying the contractor’s inquiry by the owner.
caused by "Inconpetent personal in preparation of project
documents","Negligence in preparing project
documentation","Inexperience of personal involved in
preparation of documents","Negligence in preparing project 2-2-8- May lead to delay caused by changing the owner in duration of project.
documentation"and or "Inadequate time for document
preparation" 2- Inadequate contract documents and etc, 3-
During the project: 1- Unquestioning obidence consulting 2-2-9- May lead to delay caused by legal problems with stakeholders (such as
engineer 2- Lack of coordination of work between the neighbors and etc).
contractors and etc).

2-3- May lead to delay in site possession or "Right of way" by the owner.

2-4-May lead to delay in obtaining permits by the owner.

Page 47
2-5- May lead to delay in issuing the certification of substantial completion by
the owner.
2- Claims Related to
Schedule
2-6- May lead to delay in relasing the bonds after substantial and final
completion.

1- Owner's inability to communicate performance requirements


using legal and technical terms (Before the tender such 3-1- May lead to creep in project scope.
as:1-Inability to choosing the qualified consultant, 2- Lack of
technical knowledge in employer side, 3- In-appropriate
contract type, 4- Misallocation of risk in contracts, 5- Lack of a 3-1-1- May lead to change in project scope as a result of problems identified
precise definition of the project scope in the contract, 6- during construction.
Misallocation of appropriate funding to the project before the
contract, 7- Employer’s insufficient experience, 8- Unclear
method of pricing in the contract, 9- Errors and defects in 3-1-2- May lead to dispute about quantities, cost and time of change orders.
drawing caused by "cheap design hired instead of quality",
"cheap design hired instead of quality" and or "not preparing
availabale information for designer", 10- In-adequate contract
administration, 11- Incomplete tender information and 12- 3-2- May lead to change in site conditions.
Unrealistic tendering 13- Change in site conditions caused by
Professional 3- Claims Caused by
"Lack of money, time and experts in site investigations","Lack
Obligations Change
of knowledge of site conditions","Superficial investigation of
site condition","Care lessness of site investigator"," Ignorrance 3-3- May lead to change in project location or the project stations location.
of client and consultant on important of site investigation"and or
"Wrong interpretation of site investigation"and etc, Contract
time such as: 1- Defects and errors in project documentation
caused by "Inconpetent personal in preparation of project 3-4- May lead to change in the procedure for shop-drawings.
documents","Negligence in preparing project
documentation","Inexperience of personal involved in
preparation of documents","Negligence in preparing project 3-5- May lead to change in the execution method caused by drawings changes.
documentation"and or "Inadequate time for document
preparation" 2- Inadequate contract documents and etc, 3-
During the project: 1- Unquestioning obidence consulting
engineer 2- Lack of coordination of work between the 3-6- May lead to change in the project phases delivery schedule.
contractors and etc).

4-1- May lead to use of similar materials specified in the contract and its
subsequent dispute for paying the difference cost of materials. 4-Claims Related to
Difference in Pricing
4-2- May lead to new contractor's dispute due to hidden issues during the and Measurement
project execution about percent physical progress of the work unfinished and
delivered.

Page 48
4-3- May lead to dispute about quantities and cost of site materials and
equipment .

4-4- May lead to dispute about cost caused by bonds extension.

1- Owner's inability to communicate performance requirements


using legal and technical terms (Before the tender such 4-5- May lead to dispute about costs caused by rescission.
as:1-Inability to choosing the qualified consultant, 2- Lack of
technical knowledge in employer side, 3- In-appropriate
contract type, 4- Misallocation of risk in contracts, 5- Lack of a 4-6- May lead to dispute about costs caused by termination (such as quantities
precise definition of the project scope in the contract, 6- and cost of site materials and equipment, demands and etc).
Misallocation of appropriate funding to the project before the
contract, 7- Employer’s insufficient experience, 8- Unclear
method of pricing in the contract, 9- Errors and defects in 4-7- May lead to dispute about costs of the project resources transportation
drawing caused by "cheap design hired instead of quality", caused by circumventing sanctions for special contracts (Specific to Iran).
"cheap design hired instead of quality" and or "not preparing
availabale information for designer", 10- In-adequate contract
4-8- May lead to dispute about materials cost applying for temporary buildings
administration, 11- Incomplete tender information and 12-
of workshop (Not including in contract materials).
Unrealistic tendering 13- Change in site conditions caused by 4-Claims Related to
Professional
"Lack of money, time and experts in site investigations","Lack Difference in Pricing
Obligations
of knowledge of site conditions","Superficial investigation of and Measurement
site condition","Care lessness of site investigator"," Ignorrance 4-9- May lead to dispute about insurance issues.
of client and consultant on important of site investigation"and or
"Wrong interpretation of site investigation"and etc, Contract
time such as: 1- Defects and errors in project documentation 4-10- May lead to dispute about sudden tax and cost increase.
caused by "Inconpetent personal in preparation of project
documents","Negligence in preparing project
documentation","Inexperience of personal involved in
preparation of documents","Negligence in preparing project 4-11- May lead to dispute about costs of difference in way of doing things and
documentation"and or "Inadequate time for document or difference method of pricing .
preparation" 2- Inadequate contract documents and etc, 3-
During the project: 1- Unquestioning obidence consulting 4-12- May lead to dispute about projects costs which have finished in terms of
engineer 2- Lack of coordination of work between the contract price, but have not finished in terms of project costs or new items.
contractors and etc).

4-13- May lead to dispute about costs caused by changing the items unit.

4-14- May lead to dispute about costs caused by restricted access to the site.

Page 49
5-1- May lead to dispute about force majure events (such as wether, unforeseen
ground conditions and etc) .

5-1-1- May lead to dispute about sanctions (such as suspension, increase or


decrease in LC, change in price of materials and equipments (especialy in
terminating projects which do not have any adjustments) .
1- Owner's inability to communicate performance requirements
using legal and technical terms (Before the tender such
as:1-Inability to choosing the qualified consultant, 2- Lack of 5-2- May lead to dispute about financial failure of the owner.
technical knowledge in employer side, 3- In-appropriate
contract type, 4- Misallocation of risk in contracts, 5- Lack of a
precise definition of the project scope in the contract, 6- 5-3- May lead to dispute about vindicating the contractor's crime (neighbors's
Misallocation of appropriate funding to the project before the or stakeholders' damage caused by the contractor) due to reasons provided by
contract, 7- Employer’s insufficient experience, 8- Unclear the contractor.
method of pricing in the contract, 9- Errors and defects in
drawing caused by "cheap design hired instead of quality",
"cheap design hired instead of quality" and or "not preparing 5-4- May lead to dispute about opponent in the land delivered to the contractor.
availabale information for designer", 10- In-adequate contract
administration, 11- Incomplete tender information and 12-
Unrealistic tendering 13- Change in site conditions caused by 5-5- May lead to dispute about damages caused by adherencing to safety
Professional 5- Claims Related to
"Lack of money, time and experts in site investigations","Lack instructions and workshop suspension.
Obligations Damage
of knowledge of site conditions","Superficial investigation of
site condition","Care lessness of site investigator"," Ignorrance 5-6- May lead to dispute about contractor's financial damage caused by fire,
of client and consultant on important of site investigation"and or theft and similar events if the owner has not permitted the contractor to insure
"Wrong interpretation of site investigation"and etc, Contract these events.
time such as: 1- Defects and errors in project documentation
caused by "Inconpetent personal in preparation of project
documents","Negligence in preparing project 5-7- May lead to dispute about contract termination.
documentation","Inexperience of personal involved in
preparation of documents","Negligence in preparing project
documentation"and or "Inadequate time for document 5-7-1- May lead to dispute about contract termination due to “project cease”
preparation" 2- Inadequate contract documents and etc, 3- caused by employer’s inability to afford the project.
During the project: 1- Unquestioning obidence consulting
engineer 2- Lack of coordination of work between the
contractors and etc). 5-7-2-May lead to dispute about “extra compensation” caused by not
accepting the second quarter suspension by the contractor and contract
termination (Specific to Iran construction laws).

5-7-3- May lead to dispute about “extra compensation” caused by not


accepting the increase or decrease more than 25 % of the contract cost and
contract termination (Specific to Iran construction laws).

Page 50
5-8- May lead to dispute about “project cease cost” caused by employer’s
inability to afford the project when the employer does not apply suspension to
the project (Specific to Iran construction laws).

5-9- May lead to dispute about bonds confiscation by the owner and before
rescinding the contract (Specific to Iran construction laws).
1- Owner's inability to communicate performance requirements
using legal and technical terms (Before the tender such 5-10- May lead to dispute about breach of obligations by the owner.
as:1-Inability to choosing the qualified consultant, 2- Lack of
technical knowledge in employer side, 3- In-appropriate 5-10-1- Not paying the contractor’s demands.
contract type, 4- Misallocation of risk in contracts, 5- Lack of a
precise definition of the project scope in the contract, 6-
Misallocation of appropriate funding to the project before the 5-10-2- Not paying the contractor’s final statement after accepting the
contract, 7- Employer’s insufficient experience, 8- Unclear substantial completion by the employer.
method of pricing in the contract, 9- Errors and defects in
drawing caused by "cheap design hired instead of quality", 5-10-3- Not releasing the bonds after substantial and final completion by the
"cheap design hired instead of quality" and or "not preparing employer.
availabale information for designer", 10- In-adequate contract
administration, 11- Incomplete tender information and 12-
Unrealistic tendering 13- Change in site conditions caused by
Professional 5-10-4- Not investigating the contractor’s statement on time. 5- Claims Related to
"Lack of money, time and experts in site investigations","Lack
Obligations Damage
of knowledge of site conditions","Superficial investigation of
site condition","Care lessness of site investigator"," Ignorrance
of client and consultant on important of site investigation"and or 5-10-5- Not issuing or delay in issuing the certification of substantial
"Wrong interpretation of site investigation"and etc, Contract completion by the owner.
time such as: 1- Defects and errors in project documentation
caused by "Inconpetent personal in preparation of project
documents","Negligence in preparing project 5-10-6- Dispute about the damage of delay in site possession by the owner.
documentation","Inexperience of personal involved in
preparation of documents","Negligence in preparing project
documentation"and or "Inadequate time for document 5-11- May lead to dispute about breach of obligations by the consultant.
preparation" 2- Inadequate contract documents and etc, 3-
During the project: 1- Unquestioning obidence consulting
engineer 2- Lack of coordination of work between the 5-12- May lead to dispute about costs of changing the owner in duration of
contractors and etc). project.

5-13- May lead to dispute about damage caused by applying consultant’s


instructions or contractor's claim that he is no responsible for the accuracy of
contract precedures.

5-14- May lead to dispute about installation moving and the cost of their
damages on the project.

Page 51
5-15- May lead to dispute about overhead costs caused by increasing the time
beyond project duration.

5-16- May lead to dispute about continuous costs of site mobilization caused by 5- Claims Related to
increasing the time beyond project duration. Damage
1- Owner's inability to communicate performance requirements
using legal and technical terms (Before the tender such 5-17- May lead to dispute about costs when the equipments are idle in the
as:1-Inability to choosing the qualified consultant, 2- Lack of workshop caused by increasing the time beyond project duration.
technical knowledge in employer side, 3- In-appropriate
contract type, 4- Misallocation of risk in contracts, 5- Lack of a
precise definition of the project scope in the contract, 6-
Misallocation of appropriate funding to the project before the 6-1- May lead to dispute about project acceleration by “Fast tracking” method.
contract, 7- Employer’s insufficient experience, 8- Unclear
method of pricing in the contract, 9- Errors and defects in
drawing caused by "cheap design hired instead of quality",
"cheap design hired instead of quality" and or "not preparing
availabale information for designer", 10- In-adequate contract 6-2- May lead to dispute about applying such difficulty, height coefficients and
administration, 11- Incomplete tender information and 12- etc., in addition to the coefficients applied to the statement by the consultant.
Unrealistic tendering 13- Change in site conditions caused by
Professional
"Lack of money, time and experts in site investigations","Lack
Obligations
of knowledge of site conditions","Superficial investigation of
site condition","Care lessness of site investigator"," Ignorrance
of client and consultant on important of site investigation"and or 6-3- May lead to dispute about contradiction between contract items and
"Wrong interpretation of site investigation"and etc, Contract statement items.
time such as: 1- Defects and errors in project documentation 6- Opportunistic
caused by "Inconpetent personal in preparation of project Claims
documents","Negligence in preparing project
documentation","Inexperience of personal involved in
preparation of documents","Negligence in preparing project
documentation"and or "Inadequate time for document 6-4- May lead to dispute about contradiction between applying statement
preparation" 2- Inadequate contract documents and etc, 3- indexes and main indexes.
During the project: 1- Unquestioning obidence consulting
engineer 2- Lack of coordination of work between the
contractors and etc).

6-5- May lead to dispute about unfair contract rescission by the employer
(Specific to Iran construction laws)).

Page 52
1-2-3- May lead to errors and defects in project documentation (such as 1-Claims Related to
delivering incorrect underground information to the contractor by the Contract (Text &
consultant. Content)

2-2-3- May lead to delay in revising and providing timely corrective


drawings.

2-2-4- May lead to delay in ordering and purchasing materials due to delay in
approving drawings.
2- Claims Related to
Schedule
2- Consultant's inability to communicate performance 2-2-6- May lead to late orders by the consultant (such as delay for replying
requirements using legal and technical terms (Before the tender technical problems or contractor's information/ inquiry).
such as: 1-Errors and defects in drawing caused by "Inferior
quality of drawings or specifications", "Wrong design
data"Incompetent designer","Inexperience of
designer","Misinterpretation of client’s requirement by the 2-2-7- May lead to delay in replying the contractor’s inquiry by the owner.
designer"and or"Low consultancy fee" 2-Change in site
Professional
conditions caused by "Lack of money, time and experts in site
Obligations
investigations","Lack of knowledge of site 3-1- May lead to creep in project scope.
conditions","Superficial investigation of site condition","Care
lessness of site investigator"," Ignorrance of client and
consultant on important of site investigation"and or "Wrong
interpretation of site investigation"and etc, During the project: 3-1-1- May lead to change in project scope as a result of problems identified
The absence of timely advice for solving problems in the during construction.
workshop by the counsultant and etc) .

3-1-2- May lead to dispute about quantities, cost and time of change orders. 3- Claims Caused by
Change

3-2- May lead to change in site conditions.

3-3- May lead to change in project location or the project stations location.

3-5- May lead to change in the execution method caused by drawings changes.

Page 53
4-11- May lead to dispute about costs of difference in way of doing things and
or difference method of pricing .

4-Claims Related to
4-12- May lead to dispute about projects costs which have finished in terms of Difference in Pricing
contract price, but have not finished in terms of project costs or new items. and Measurement

4-14- May lead to dispute about costs caused by restricted access to the site.
2- Consultant's inability to communicate performance
requirements using legal and technical terms (Before the tender
such as: 1-Errors and defects in drawing caused by "Inferior 5-7-3- May lead to dispute about “extra compensation” caused by not
quality of drawings or specifications", "Wrong design accepting the increase or decrease more than 25 % of the contract cost and
data"Incompetent designer","Inexperience of contract termination (Specific to Iran construction laws).
designer","Misinterpretation of client’s requirement by the
designer"and or"Low consultancy fee" 2-Change in site
Professional
conditions caused by "Lack of money, time and experts in site 5-11- May lead to dispute about breach of obligations by the consultant.
Obligations
investigations","Lack of knowledge of site
conditions","Superficial investigation of site condition","Care
lessness of site investigator"," Ignorrance of client and 5-13- May lead to dispute about damage caused by applying consultant’s
consultant on important of site investigation"and or "Wrong instructions or contractor's claim that he is no responsible for the accuracy of
interpretation of site investigation"and etc, During the project: contract precedures.
The absence of timely advice for solving problems in the 5- Claims Related to
workshop by the counsultant and etc) . Damage
5-15- May lead to dispute about overhead costs caused by increasing the time
beyond project duration.

5-16- May lead to dispute about continuous costs of site mobilization caused by
increasing the time beyond project duration.

5-17- May lead to dispute about costs when the equipments are idle in the
workshop caused by increasing the time beyond project duration.

Page 54
6-2- May lead to dispute about applying such difficulty, height coefficients and
etc., in addition to the coefficients applied to the statement by the consultant.

2- Consultant's inability to communicate performance 6-3- May lead to dispute about contradiction between contract items and
requirements using legal and technical terms (Before the tender statement items.
such as: 1-Errors and defects in drawing caused by "Inferior
quality of drawings or specifications", "Wrong design
data"Incompetent designer","Inexperience of
designer","Misinterpretation of client’s requirement by the 6-2- May lead to dispute about applying such difficulty, height coefficients and
designer"and or"Low consultancy fee" 2-Change in site etc., in addition to the coefficients applied to the statement by the consultant.
Professional 6- Opportunistic
conditions caused by "Lack of money, time and experts in site
Obligation Claims
investigations","Lack of knowledge of site
conditions","Superficial investigation of site condition","Care
lessness of site investigator"," Ignorrance of client and 6-6-May lead to employer’s opportunistic behavior to use “clause 21” ((Clause
consultant on important of site investigation"and or "Wrong 21: when the contractor does not meet part of his obligations, then the employer
interpretation of site investigation"and etc, During the project: can meet those obligations and contractor will be owed to employer) (Specific
The absence of timely advice for solving problems in the to Iran construction laws)).
workshop by the counsultant and etc) .

6-7- May lead to premature exploitation before issuing the certificate of


substantial completion.

Duty of Care 5-6- May lead to dispute about contractor's financial damage caused by fire,
3- The owner does not permit the contractor to insure some 5- Claims Related to
and Negligent theft and similar events if the owner has not permitted the contractor to insure
events. Damage
Statements these events.

Contra
Proferentem
Rule(using 4- Applying the contractor's site, temporary buildings and or 5- Claims Related to
May lead to dispute about the responsible of the damage.
the using finished parts of the project by the owner. Damage
unitelligible
terms

Page 55
1-2- May lead to unintelligible terms, errors and defects in the terms and text of
the contract.
5-Not defining the employer’s representative, staffs and
5- Claims Related to
inspection to clarify their responsibilities in the face of disputes
2-2- May lead to delay in completion of the project. Damage
(Specific to Iran construction laws).

5-10- Dispute about breach of obligations by the owner.

1-2-3- May lead to errors and defects in project documentation (such as


delivering incorrect underground information to the contractor by the
consultant.
6- Not defining the direct supervisor, resident supervisor and
5- Claims Related to
etc, to clarify their responsibilities in the face of disputes 2-2-3- May lead to delay in revising and providing timely corrective Damage
Contra (Specific to Iran construction laws). drawings.
Proferentem
Rule(using
the 5-11- May lead to dispute about breach of obligations by the consultant.
unitelligible
terms
1-1- May lead to different interpretations of the contract. 1-Claims Related to
Contract (Text &
1-2- May lead to unintelligible terms, errors and defects in the terms and text of Content)
the contract.
5-15- May lead to dispute about overhead costs caused by increasing the time
7- Not defining the “time validity of contract” (from the date of beyond project duration.
signing till the final settlement) in the face of disputes (Specific
to Iran construction laws). 5-16- May lead to dispute about continuous costs of site mobilization caused by
increasing the time beyond project duration. 5- Claims Related to
Damage

5-17- May lead to dispute about costs when the equipments are idle in the
workshop caused by increasing the time beyond project duration.

Page 56
1-2-4- May lead to terms not written in new contractor’s contract.
1-Claims Related to
Contract (Text &
Content)
2-1- May lead to delay in payements.

8- Not defining the exact definition of “Project duration”


(project duration minus duration of contractor’s non-excusable 6-3- May lead to dispute about contradiction between contract items and
delay) in the face of disputes (Specific to Iran construction statement items.
laws).

6-4- May lead to dispute about contradiction between applying statement 6- Opportunistic
indexes and main indexes. Claims

6-5- May lead to dispute about unfair contract rescission by the employer
Contra (Specific to Iran construction laws)).
Proferentem
Rule(using
the 2-1- May lead to delay in payements.
unitelligible
terms 2-1-1- May lead to delay in evaluating the contractor’s statements and
payment request (bill) by the consultant.

2- Claims Related to
2-1-2- May lead to delay in evaluating the contractor’s statements and Schedule
payment request (bill) by the owner (Specifically about signning the
contractor's stetements by the owner in Iran).

9- Not defining the delay in paying contractor’s payment 2-1-3- May lead to delay in paying “prepayment installments” by the owner.
request, statements and etc (Specific to Iran construction laws).

5-10- May lead to dispute about breach of obligations by the owner.

5-10-1- Not paying the contractor’s demands.


5- Claims Related to
5-10-2- Not paying the contractor’s final statement after accepting the Damage
substantial completion by the employer.

5-10-4- Not investigating the contractor’s statement on time.

Page 57
2-1- May lead to delay in payements.

2-1-1- May lead to delay in evaluating the contractor’s statements and


payment request (bill) by the consultant.
10- Not defining the deadline for investigating the contractor’s 2- Claims Related to
statement by the employer (Specific to Iran construction laws). Schedule
2-1-2- May lead to delay in evaluating the contractor’s statements and
payment request (bill) by the owner (Specifically about signning the
contractor's stetements by the owner in Iran).

11- Not defining the deadline for delaying in “Substantial


2- Claims Related to
Completion” by the employer (Specific to Iran construction 2-2-5- May lead to late owner-supplied equipment and material.
Schedule
laws).

12- Not defining the deadline for releasing the contractor’s 2-2-6- May lead to late orders by the consultant (such as delay for replying 2- Claims Related to
bonds (Specific to Iran construction laws). technical problems or contractor's information/ inquiry). Schedule

2-1- May lead to delay in payements.

2-1-1- May lead to delay in evaluating the contractor’s statements and


13- Inadequate contract provision for enforcement of timely payment request (bill) by the consultant. 2- Claims Related to
payment. Schedule
2-1-2- May lead to delay in evaluating the contractor’s statements and
payment request (bill) by the owner (Specifically about signning the
contractor's stetements by the owner in Iran).

5-10- May lead to dispute about breach of obligations by the owner.


5- Claims Related to
Damage
14- Inadequate administration of responsibilities by the owner 5-11- May lead to dispute about breach of obligations by the consultant.
or consultant .

2- Claims Related to
2-2- May lead to delay in completion of the project.
Schedule

1-2- May lead to unintelligible terms, errors and defects in the terms and text of
the contract. 1-Claims Related to
Contract (Text &
Content)
1-2-4- May lead to terms not written in new contractor’s contract.

15- Owner's failure to manage the interactions among multiple


conractors. Page 58
2-2- May lead to delay in completion of the project.
2- Claims Related to
2-1-1- May lead to delay in evaluating the contractor’s statements and Schedule
payment request (bill) by the consultant.

3-1- May lead to creep in project scope.

15- Owner's failure to manage the interactions among multiple 3-1-1- May lead to change in project scope as a result of problems identified 3- Claims Caused by
conractors. during construction. Change

3-1-2- May lead to dispute about quantities, cost and time of change orders.

4-2- May lead to new contractor's dispute due to hidden issues during the 4-Claims Related to
project execution about percent physical progress of the work unfinished and Difference in Pricing
delivered. and Measurement

5-10- May lead to dispute about breach of obligations by the owner.


5- Claims Related to
Damage
5-11- May lead to dispute about breach of obligations by the consultant.

1-Claims Related to
1-2- May lead to unintelligible terms, errors and defects in the terms and text of
Contract (Text &
the contract.
Content)
16-Not defining the payments procedure by the owner (Owner's
bureaucracy). 2-1- May lead to delay in payements.
2- Claims Related to
Schedule
2-1-3- Delay in paying “prepayment installments” by the owner.

4-Claims Related to
4-1- May lead to use of similar materials specified in the contract and its
17- Not defining the materials resources. Difference in Pricing
subsequent dispute for paying the difference cost of materials.
and Measurement

6-1- May lead to dispute about project acceleration by “Fast tracking” method.

6-6-May lead to employer’s opportunistic behavior to use “clause 21” ((Clause


18- Request for expediting the project but does not change the 21: when the contractor does not meet part of his obligations, then the employer 6- Opportunistic
terms. can meet those obligations and contractor will be owed to employer) (Specific Claims
to Iran construction laws)).

6-7- May lead to premature exploitation before issuing the certificate of


substantial completion.

Page 59
1-Claims Related to
1-2- May lead to unintelligible terms, errors and defects in the terms and text of
Contract (Text &
the contract.
Content)
6-5- May lead to dispute about unfair contract rescission by the employer
(Specific to Iran construction laws)).

6-6-May lead to employer’s opportunistic behavior to use “clause 21” ((Clause 6- Opportunistic
21: when the contractor does not meet part of his obligations, then the employer Claims
can meet those obligations and contractor will be owed to employer) (Specific
19- Owner's failure to discuss about key terms and conditions in to Iran construction laws)).
the contract.

5-10- May lead to dispute about breach of obligations by the owner.

5-10-1- Not paying the contractor’s demands.


5- Claims Related to
5-10-2- Not paying the contractor’s final statement after accepting the Damage
substantial completion by the employer.
5-10-3- Not releasing the bonds after substantial and final completion by the
employer.

3-1- May lead to creep in project scope.

20- Not addressing the issues that may arise related to 3-1-1- May lead to change in project scope as a result of problems identified 3- Claims Caused by
conducting "Value Engineering". during construction. Change

3-1-2- May lead to dispute about quantities, cost and time of change orders.

4-Claims Related to
21- Not addressing the questions about procedures to solve 4-11- May lead to dispute about costs of difference in way of doing things and
Difference in Pricing
unexpected problems. or difference method of pricing .
and Measurement

1-Claims Related to
1-2- May lead to unintelligible terms, errors and defects in the terms and text of
Contract (Text &
the contract.
Content)

21- Cultural diffrences such as "Not addressing the policy about


bribe and financial trancparancy", "Language problem" and etc. 2-1- May lead to delay in payements.
2- Claims Related to
Schedule
2-2- May lead to delay in completion of the project.

2-2-2- May lead to delay caused by force majure and unforeseen events.
2- Claims Related to
Schedule
22- Public interruption caused by "Unfair compensation for
displaced people (opponent)" or not addressing the "Roles and
responsibilities of each party" and etc. Page 60
2-2-2- May lead to delay caused by force majure and unforeseen events.
2- Claims Related to
Schedule
22- Public interruption caused by "Unfair compensation for 2-2-9- May lead to delay caused by legal problems with stakeholders (such as
displaced people (opponent)" or not addressing the "Roles and neighbors and etc).
responsibilities of each party" and etc.
May lead to dispute about force majure events
5- Claims Related to
Damage
5-4- May lead to dispute about opponent in the land delivered to the contractor.

3-1- May lead to creep in project scope.


3- Claims Caused by
23-Unclear scope 3-1-1- May lead to change in project scope as a result of problems identified Change
during construction.

1-1- May lead to different interpretations of the contract. 1-Claims Related to


24- Owner does not address the defects and errors identified
Contract (Text &
by the contractor.
1-2- May lead to unintelligible terms, errors and defects in the terms and text of Content)
the contract.

4-Claims Related to
1-1- May lead to dispute for project additional cost. Difference in Pricing
25-Opportunestic bidding. and Measurement

6-5- May lead to dispute about unfair contract rescission by the employer 6- Opportunistic
(Specific to Iran construction laws)). Claims

6-2- May lead to dispute about applying such difficulty, height coefficients and
etc., in addition to the coefficients applied to the statement by the consultant.

26- Excessive claims made by contractor beyond client’s 6- Opportunistic


financial projections. 6-3- May lead to dispute about contradiction between contract items and Claims
statement items.

6-5- May lead to dispute about unfair contract rescission by the employer
(Specific to Iran construction laws)).

27-Tendency of consultants/clients uneder-valuing. -

2- Claims Related to
28- Delibrate blockage of information flow. 2-2- May lead to delay in completion of the project.
Schedule

1-2- May lead to unintelligible terms, errors and defects in the terms and text of
the contract. 1-Claims Related to
29-Failure to address issues and concerns Contract (Text &
Content)
1-2-2- May lead to errors and defects in contract specifications.

Page 61
1-1- May lead to different interpretations of the contract.
1-Claims Related to
Contract (Text &
1-2- May lead to unintelligible terms, errors and defects in the terms and text of Content)
the contract.
30- Mismatch between risk of domestic and foreign policies.
5-1- May lead to difference interpretation about each party's responsibilities in
facing with force majure events (such as wether, unforeseen ground conditions
and etc) . 5- Claims Related to
Damage
5-7- May lead to dispute about contract termination.

5-7- May lead to dispute about contract termination.

5-7-1- May lead to dispute about contract termination due to “project cease”
caused by employer’s inability to afford the project.

5-7-2-May lead to dispute about “extra compensation” caused by not


accepting the second quarter suspension by the contractor and contract
termination (Specific to Iran construction laws).
5- Claims Related to
31- Supervening events not controllable by the owner.
Damage
5-7-3- May lead to dispute about “extra compensation” caused by not
accepting the increase or decrease more than 25 % of the contract cost and
contract termination (Specific to Iran construction laws).

5-8- May lead to dispute about “project cease cost” caused by employer’s
inability to afford the project when the employer does not apply suspension to
the project (Specific to Iran construction laws).

6-3- May lead to dispute about contradiction between contract items and
statement items.
32-Low indices of adjustment in comparision with cost increse 6- Opportunistic
(Before the tender and caused by the government policy). Claims
6-4- May lead to dispute about contradiction between applying statement
indexes and main indexes.

33- Failure to appropriately address changes in the tax codes 4-Claims Related to
and other regulations (Tender time and caused by the 4-10- May lead to dispute about sudden tax and cost increase. Difference in Pricing
government policy). and Measurement

5- Claims Related to
5-1- May lead to dispute about force majure events
Damage
34-Economic duress due to changes in global markets (During
the project).

Page 62
34-Economic duress due to changes in global markets (During
the project). 4-Claims Related to
4-1- May lead to use of similar materials specified in the contract and its
Difference in Pricing
subsequent dispute for paying the difference cost of materials.
and Measurement

35- Economic conditions due to changing the rules (During the 5- Claims Related to
5-1- May lead to dispute about force majure events
project and caused by the government policy). Damage

2-1- May lead to delay in payements.


2- Claims Related to
36- Lack of funds due to economic conditions.
Schedule
2-2- May lead to delay in completion of the project.

2- Claims Related to
2-2-2- May lead to delay caused by force majure and unforeseen events.
Schedule

5-1- May lead to dispute about force majure events


37- Force Majure events.
5- Claims Related to
5-1-1- May lead to dispute about sanctions (such as suspension, increase or Damage
decrease in LC, change in price of materials and equipments (especialy in
terminating projects which do not have any adjustments) .

2-1- May lead to delay in payements.

2-1-2- May lead to delay in evaluating the contractor’s statements and 2- Claims Related to
38- Unhealthy and inefficient bureaucracies by the owner. payment request (bill) by the owner (Specifically about signning the Schedule
contractor's stetements by the owner in Iran).

2-2- May lead to delay in completion of the project.

- -

1-Claims Related to
1-2- Unintelligible terms, errors and defects in the terms and text of the
Contract (Text &
contract.
Content)

39- Unforeseeable event such as "The overall change in the 5-1- Dispute about force majure events (such as wether, unforeseen ground
system of contract during the performance of contracts." and etc conditions and etc) .
.
5- Claims Related to
5-1-1- Sanctions (such as suspension, increase or decrease in LC, change in Damage
price of materials and equipments (especialy in terminating projects which do
not have any adjustments) .

Page 63
5-6- May lead to dispute about contractor's financial damage caused by fire,
40- The owner does not compensate the contractor to insure 5- Claims Related to
theft and similar events if the owner has not permitted the contractor to insure
some events. Damage
these events.

41-Delay in decision making for different tasks by the owner. 2-2-7- May lead to delay in replying the contractor’s inquiry by the owner. -

- -

- -

1- Claim losses due to management changes.

2- Claiming losses due to numerous different work orders.


(It can be rewrite in “Penalty”)

Page 64
Law source TRUE FALSE
of claim Source of Claim Causes of Claim Type of Claim
(Bill)

1-1- May lead to different interpretations of the contract.

1-2- May lead to unintelligible terms, errors and defects in the terms and text of the contract.
1- Owner's inability to communicate performance 1-3- May lead to errors and defects in primary estimation (such as erroes and defects in
requirements using legal and technical terms (Before the contract items). 1-Claims
tender such as:1-Inability to choosing the qualified Related to
consultant, 2- Lack of technical knowledge in employer 1-4- May lead to errors and defects in contract specifications. Contract (Text &
side, 3- In-appropriate contract type, 4- Misallocation of Content)
risk in contracts, 5- Lack of a precise definition of the 1-5- May lead to errors and defects in project documentation (such as delivering incorrect
project scope in the contract, 6- Misallocation of underground information to the contractor by the consultant.
appropriate funding to the project before the contract, 7-
Employer’s insufficient experience, 8- Unclear method of 1-6- May lead to terms not written in new contractor’s contract.
pricing in the contract, 9- Errors and defects in drawing
caused by "cheap design hired instead of quality", "cheap
design hired instead of quality" and or "not preparing 1-7- May lead to delay in payements caused by delay in evaluating the contractor’s
availabale information for designer", 10- In-adequate statements and payment request (bill) by the consultant.
contract administration, 11- Incomplete tender information
and 12- Unrealistic tendering 13- Change in site conditions 1-8- May lead to delay in payements caused by delay in evaluating the contractor’s
Professional caused by "Lack of money, time and experts in site statements and payment request (bill) by the owner (Specifically about signning the
Obligations investigations","Lack of knowledge of site contractor's stetements by the owner in Iran).
conditions","Superficial investigation of site
condition","Care lessness of site investigator"," Ignorrance 1-9- May lead to delay in paying “prepayment installments” by the owner.
of client and consultant on important of site
investigation"and or "Wrong interpretation of site 1-10- May lead to delay in completion of the project.
investigation"and etc, Contract time such as: 1- Defects and
errors in project documentation caused by "Inconpetent 1-11- May lead to delay caused by other contractors employed by the owner. 2- Claims
personal in preparation of project documents","Negligence Related to
in preparing project documentation","Inexperience of Schedule
1-12- May lead to delay caused by force majure and unforeseen events.
personal involved in preparation of
documents","Negligence in preparing project
documentation"and or "Inadequate time for document 1-13- May lead to delay in revising and providing timely corrective drawings.
preparation" 2- Inadequate contract documents and etc, 3-
During the project: 1- Unquestioning obidence consulting 1-14- May lead to delay in ordering and purchasing materials due to delay in approving
engineer 2- Lack of coordination of work between the drawings.
contractors and etc).
1-15- May lead to late owner-supplied equipment and material.

1-16- May lead to late orders by the consultant (such as delay for replying technical
problems or contractor's information/ inquiry).

1-17- May lead to delay in replying the contractor’s inquiry by the owner.

1-18- May lead to delay caused by changing the owner in duration of project.

1-19- May lead to delay caused by legal problems with stakeholders (such as neighbors and
etc).
1- Owner's inability to communicate performance 2- Claims
requirements using legal and technical terms (Before the Related to
tender such as:1-Inability to choosing the qualified Schedule
consultant, 2- Lack of technical knowledge in employer
side, 3- In-appropriate contract type, 4- Misallocation of
risk in contracts, 5- Lack of a precise definition of the
project scope in the contract, 6- Misallocation of
1- Owner's inability to communicate performance 2- Claims
requirements using legal and technical terms (Before the 1-20- May lead to delay in site possession or "Right of way" by the owner. Related to
tender such as:1-Inability to choosing the qualified Schedule
consultant, 2- Lack of technical knowledge in employer 1-21-May lead to delay in obtaining permits by the owner.
side, 3- In-appropriate contract type, 4- Misallocation of
risk in contracts, 5- Lack of a precise definition of the
project scope in the contract, 6- Misallocation of 1-22- May lead to delay in issuing the certification of substantial completion by the owner.
appropriate funding to the project before the contract, 7-
Employer’s insufficient experience, 8- Unclear method of 1-23- May lead to delay in relasing the bonds after substantial and final completion.
pricing in the contract, 9- Errors and defects in drawing
caused by "cheap design hired instead of quality", "cheap 1-24- May lead to creep in project scope caused by change in project scope as a result of
design hired instead of quality" and or "not preparing problems identified during construction.
availabale information for designer", 10- In-adequate
contract administration, 11- Incomplete tender information 1-25- May lead to creep in project scope caused by dispute about quantities, cost and time of
and 12- Unrealistic tendering 13- Change in site conditions change orders.
Professional caused by "Lack of money, time and experts in site
Obligations investigations","Lack of knowledge of site 1-26- May lead to change in site conditions.
conditions","Superficial investigation of site 3- Claims
condition","Care lessness of site investigator"," Ignorrance 1-27- May lead to change in project location or the project stations location. Caused by
of client and consultant on important of site Change
investigation"and or "Wrong interpretation of site 1-28- May lead to change in the procedure for shop-drawings.
investigation"and etc, Contract time such as: 1- Defects and
errors in project documentation caused by "Inconpetent
personal in preparation of project documents","Negligence 1-29- May lead to change in the execution method caused by drawings changes.
in preparing project documentation","Inexperience of
personal involved in preparation of 1-30- May lead to change in the project phases delivery schedule.
documents","Negligence in preparing project
documentation"and or "Inadequate time for document 1-31- May lead to use of similar materials specified in the contract and its subsequent
preparation" 2- Inadequate contract documents and etc, 3- dispute for paying the difference cost of materials.
During the project: 1- Unquestioning obidence consulting
engineer 2- Lack of coordination of work between the 1-32- May lead to new contractor's dispute due to hidden issues during the project execution 4-Claims
contractors and etc). about percent physical progress of the work unfinished and delivered. Related to
Difference in
1-33- May lead to dispute about quantities and cost of site materials and equipment . Pricing and
Measurement
1-34- May lead to dispute about cost caused by bonds extension.

1-35- May lead to dispute about costs caused by rescission.

1-36- May lead to dispute about costs caused by termination (such as quantities and cost of
site materials and equipment, demands and etc).

1-37- May lead to dispute about costs of the project resources transportation caused by
circumventing sanctions for special contracts (Specific to Iran).
1- Owner's inability to communicate performance 1-38- May lead to dispute about materials cost applying for temporary buildings of
requirements using legal and technical terms (Before the workshop (Not including in contract materials).
tender such as:1-Inability to choosing the qualified
consultant, 2- Lack of technical knowledge in employer 1-39- May lead to dispute about insurance issues. 4-Claims
side, 3- In-appropriate contract type, 4- Misallocation of Related to
risk in contracts, 5- Lack of a precise definition of the Difference in
project scope in the contract, 6- Misallocation of 1-40- May lead to dispute about sudden tax and cost increase.
Pricing and
appropriate funding to the project before the contract, 7- Measurement
Employer’s insufficient experience, 8- Unclear method of
pricing in the contract, 9- Errors and defects in drawing
caused by "cheap design hired instead of quality", "cheap
design hired instead of quality" and or "not preparing
availabale information for designer", 10- In-adequate
requirements using legal and technical terms (Before the
tender such as:1-Inability to choosing the qualified
consultant, 2- Lack of technical knowledge in employer 4-Claims
side, 3- In-appropriate contract type, 4- Misallocation of Related to
risk in contracts, 5- Lack of a precise definition of the Difference in
project scope in the contract, 6- Misallocation of Pricing and
appropriate funding to the project before the contract, 7- Measurement
Employer’s insufficient experience, 8- Unclear method of 1-41- May lead to dispute about costs of difference in way of doing things and or difference
pricing in the contract, 9- Errors and defects in drawing method of pricing .
caused by "cheap design hired instead of quality", "cheap
design hired instead of quality" and or "not preparing 1-42- May lead to dispute about projects costs which have finished in terms of contract
availabale information for designer", 10- In-adequate price, but have not finished in terms of project costs or new items.
contract administration, 11- Incomplete tender information
and 12- Unrealistic tendering 13- Change in site conditions 1-43- May lead to dispute about costs caused by changing the items unit.
Professional caused by "Lack of money, time and experts in site
Obligations investigations","Lack of knowledge of site 1-44- May lead to dispute about costs caused by restricted access to the site.
conditions","Superficial investigation of site
condition","Care lessness of site investigator"," Ignorrance 1-45- May lead to dispute about force majure events (such as wether, unforeseen ground
of client and consultant on important of site conditions and etc) .
investigation"and or "Wrong interpretation of site
investigation"and etc, Contract time such as: 1- Defects and 1-46- May lead to dispute about sanctions (such as suspension, increase or decrease in LC,
errors in project documentation caused by "Inconpetent change in price of materials and equipments (especialy in terminating projects which do not
personal in preparation of project documents","Negligence have any adjustments) .
in preparing project documentation","Inexperience of
personal involved in preparation of 1-47- May lead to dispute about financial failure of the owner.
documents","Negligence in preparing project
documentation"and or "Inadequate time for document 5- Claims
1-48- May lead to dispute about vindicating the contractor's crime (neighbors's or Related to
preparation" 2- Inadequate contract documents and etc, 3-
stakeholders' damage caused by the contractor) due to reasons provided by the contractor. Damage
During the project: 1- Unquestioning obidence consulting
engineer 2- Lack of coordination of work between the
contractors and etc). 1-49- May lead to dispute about opponent in the land delivered to the contractor.

1-50- May lead to dispute about damages caused by adherencing to safety instructions and
workshop suspension.

1-51- May lead to dispute about contractor's financial damage caused by fire, theft and
similar events if the owner has not permitted the contractor to insure these events.

1-52- May lead to dispute about contract termination due to “project cease” caused by
employer’s inability to afford the project.
1-53-May lead to dispute about “extra compensation” caused by not accepting the second
quarter suspension by the contractor and contract termination (Specific to Iran construction
laws).
1- Owner's inability to communicate performance 1-54- May lead to dispute about “extra compensation” caused by not accepting the increase
requirements using legal and technical terms (Before the or decrease more than 25 % of the contract cost and contract termination (Specific to Iran
tender such as:1-Inability to choosing the qualified construction laws).
consultant, 2- Lack of technical knowledge in employer
side, 3- In-appropriate contract type, 4- Misallocation of 1-55- May lead to dispute about “project cease cost” caused by employer’s inability to
risk in contracts, 5- Lack of a precise definition of the afford the project when the employer does not apply suspension to the project (Specific to
project scope in the contract, 6- Misallocation of Iran construction laws).
appropriate funding to the project before the contract, 7-
Employer’s insufficient experience, 8- Unclear method of 1-56- May lead to dispute about bonds confiscation by the employer and before rescinding
pricing in the contract, 9- Errors and defects in drawing the contract (Specific to Iran construction laws).
caused by "cheap design hired instead of quality", "cheap
design hired instead of quality" and or "not preparing
availabale information for designer", 10- In-adequate
contract administration, 11- Incomplete tender information
and 12- Unrealistic tendering 13- Change in site conditions
5- Claims
Professional caused by "Lack of money, time and experts in site
Related to
Obligations investigations","Lack of knowledge of site
Damage
conditions","Superficial investigation of site
condition","Care lessness of site investigator"," Ignorrance
of client and consultant on important of site
side, 3- In-appropriate contract type, 4- Misallocation of
risk in contracts, 5- Lack of a precise definition of the
project scope in the contract, 6- Misallocation of
appropriate funding to the project before the contract, 7-
Employer’s insufficient experience, 8- Unclear method of
pricing in the contract, 9- Errors and defects in drawing
caused by "cheap design hired instead of quality", "cheap
design hired instead of quality" and or "not preparing
availabale information for designer", 10- In-adequate
1-57- May lead to dispute about breach of obligations by the employer (Such as "Not paying
contract administration, 11- Incomplete tender information
the contractor’s demands" or "Not paying the contractor’s final statement after accepting the
and 12- Unrealistic tendering 13- Change in site conditions
substantial completion by the employer" or "Not releasing the bonds after substantial and 5- Claims
Professional caused by "Lack of money, time and experts in site
final completion by the employer" or "Not investigating the contractor’s statement on time" Related to
Obligations investigations","Lack of knowledge of site
or "Not issuing or delay in issuing the certification of substantial completion by the owner" Damage
conditions","Superficial investigation of site
and or "Dispute about the damage of delay in site possession by the owner".
condition","Care lessness of site investigator"," Ignorrance
of client and consultant on important of site
investigation"and or "Wrong interpretation of site
investigation"and etc, Contract time such as: 1- Defects and 1-58- May lead to dispute about breach of obligations by the consultant.
errors in project documentation caused by "Inconpetent
personal in preparation of project documents","Negligence
1-59- May lead to dispute about costs of changing the owner in duration of project.
in preparing project documentation","Inexperience of
personal involved in preparation of
documents","Negligence in preparing project 1-60- May lead to dispute about damage caused by applying consultant’s instructions or
documentation"and or "Inadequate time for document contractor's claim that he is no responsible for the accuracy of contract precedures.
preparation" 2- Inadequate contract documents and etc, 3-
During the project: 1- Unquestioning obidence consulting 1-61- May lead to dispute about installation moving and the cost of their damages on the
engineer 2- Lack of coordination of work between the project.
contractors and etc).
1-62- May lead to dispute about overhead costs caused by increasing the time beyond
project duration.

1-63- May lead to dispute about continuous costs of site mobilization caused by increasing
the time beyond project duration.

5- Claims
1-64- May lead to dispute about costs when the equipments are idle in the workshop caused
Related to
by increasing the time beyond project duration.
Damage

1-65- May lead to dispute about project acceleration by “Fast tracking” method.

1-66- May lead to dispute about applying such difficulty, height coefficients and etc., in
addition to the coefficients applied to the statement by the consultant.
6- Opportunistic
1- Owner's inability to communicate performance Claims
requirements using legal and technical terms (Before the 1-67- May lead to dispute about contradiction between contract items and statement items.
tender such as:1-Inability to choosing the qualified
consultant, 2- Lack of technical knowledge in employer
side, 3- In-appropriate contract type) and etc. 1-68- May lead to dispute about unfair contract rescission by the employer (Specific to Iran
construction laws)).

1-69- May lead to employer’s opportunistic behavior to use “clause 21” ((Clause 21: when
Professional the contractor does not meet part of his obligations, then the employer can meet those
Obligations obligations and contractor will be owed to employer) (Specific to Iran construction laws)). 6- Opportunistic
Claims
Professional
Obligations 6- Opportunistic
Claims
1-70- May lead to premature exploitation before issuing the certificate of substantial
completion.

1-Claims
2-1- May lead to errors and defects in project documentation (such as delivering incorrect Related to
underground information to the contractor by the consultant. Contract (Text &
2- Consultant's inability to communicate performance Content)
requirements using legal and technical terms (Before the
tender such as: 1-Errors and defects in drawing caused by 2-2- May lead to delay in revising and providing timely corrective drawings.
"Inferior quality of drawings or specifications", "Wrong
design data"Incompetent designer","Inexperience of 2-3- May lead to delay in ordering and purchasing materials due to delay in approving
designer","Misinterpretation of client’s requirement by the drawings. 2- Claims
designer"and or"Low consultancy fee" 2-Change in site Related to
conditions caused by "Lack of money, time and experts in 2-4- May lead to late orders by the consultant (such as delay for replying technical Schedule
site investigations"and etc. problems or contractor's information/ inquiry).

2-5- May lead to delay in replying the contractor’s inquiry by the owner.

2-6- May lead to creep in project scope caused by change in project scope as a result of
problems identified during construction.

2-7- May lead to creep in project scope caused by dispute about quantities, cost and time of
change orders.
3- Claims
2-8- May lead to change in site conditions. Caused by
Change

2-9- May lead to change in project location or the project stations location.

2- Consultant's inability to communicate performance 2-10- May lead to change in the procedure for shop-drawings.
requirements using legal and technical terms (Before the
tender such as: 1-Errors and defects in drawing caused by
"Inferior quality of drawings or specifications", "Wrong 2-11- May lead to dispute about costs of difference in way of doing things and or difference
design data"Incompetent designer","Inexperience of method of pricing .
4-Claims
designer","Misinterpretation of client’s requirement by the Related to
designer"and or"Low consultancy fee" 2-Change in site 2-12- May lead to dispute about projects costs which have finished in terms of contract Difference in
Professional conditions caused by "Lack of money, time and experts in price, but have not finished in terms of project costs or new items. Pricing and
Obligations site investigations","Lack of knowledge of site Measurement
conditions","Superficial investigation of site
2-13- May lead to dispute about costs caused by changing the items unit.
condition","Care lessness of site investigator"," Ignorrance
of client and consultant on important of site
investigation"and or "Wrong interpretation of site 2-14- May lead to dispute about “extra compensation” caused by not accepting the increase
investigation"and etc, During the project: The absence of or decrease more than 25 % of the contract cost and contract termination (Specific to Iran 5- Claims
timely advice for solving problems in the workshop by the construction laws). Related to
counsultant and etc) . Damage
2-15- May lead to dispute about breach of obligations by the consultant.
investigation"and or "Wrong interpretation of site
investigation"and etc, During the project: The absence of
timely advice for solving problems in the workshop by the
counsultant and etc) .

2-16- May lead to dispute about damage caused by applying consultant’s instructions or
contractor's claim that he is no responsible for the accuracy of contract precedures.

5- Claims
2-17- May lead to dispute about overhead costs caused by increasing the time beyond
Related to
project duration.
Damage

2-18- May lead to dispute about continuous costs of site mobilization caused by increasing
the time beyond project duration.

5- Claims
2-19- May lead to dispute about costs when the equipments are idle in the workshop caused
Related to
by increasing the time beyond project duration.
Damage

2-20- May lead to dispute about applying such difficulty, height coefficients and etc., in
addition to the coefficients applied to the statement by the consultant.
2- Consultant's inability to communicate performance
requirements using legal and technical terms (Before the
tender such as: 1-Errors and defects in drawing caused by
"Inferior quality of drawings or specifications", "Wrong 2-21- May lead to dispute about contradiction between contract items and statement items.
Professional
design data"Incompetent designer","Inexperience of
Obligations
designer","Misinterpretation of client’s requirement by the 6- Opportunistic
designer"and or"Low consultancy fee" 2-Change in site Claims
conditions caused by "Lack of money, time and experts in 2-22- May lead to employer’s opportunistic behavior to use “clause 21” ((Clause 21: when
site investigations"and etc. the contractor does not meet part of his obligations, then the employer can meet those
obligations and contractor will be owed to employer) (Specific to Iran construction laws)).

2-23- May lead to premature exploitation before issuing the certificate of substantial
completion.

Duty of Care
5- Claims
and 3- The owner does not permit the contractor to insure some 3-1- May lead to dispute about contractor's financial damage caused by fire, theft and
Related to
Negligent events. similar events if the owner has not permitted the contractor to insure these events.
Damage
Statements

Contra
Proferentem
5- Claims
Rule(using 4- Applying the contractor's site, temporary buildings and
May lead to dispute about the responsible of the damage. Related to
the or using finished parts of the project by the owner.
Damage
unitelligible
terms
1-Claims
Contra Related to
5-1- May lead to unintelligible terms, errors and defects in the terms and text of the contract.
Proferentem Contract (Text &
5-Not defining the employer’s representative, staffs and Content)
Rule(using
inspection to clarify their responsibilities in the face of
the
disputes (Specific to Iran construction laws).
unitelligible 2- Claims
terms 5-2- May lead to delay in completion of the project. Related to
Schedule
5- Claims
5-Not defining the employer’s representative and etc. 5-3- May lead to dispute about breach of obligations by the owner. Related to
Damage

1-Claims
6-1- May lead to errors and defects in project documentation (such as delivering incorrect Related to
underground information to the contractor by the consultant. Contract (Text &
Content)

6- Not defining the direct supervisor, resident supervisor 2- Claims


and etc, to clarify their responsibilities in the face of 6-2- May lead to delay in revising and providing timely corrective drawings. Related to
disputes (Specific to Iran construction laws). Schedule

5- Claims
6-3- May lead to dispute about breach of obligations by the consultant. Related to
Damage
Contra
Proferentem
Rule(using 7-1- May lead to different interpretations of the contract.
the 1-Claims
unitelligible Related to
terms Contract (Text &
Content)
7-2- May lead to unintelligible terms, errors and defects in the terms and text of the contract.

7- Not defining the “time validity of contract” (from the 7-3- May lead to dispute about unfair contract rescission by the employer (Specific to Iran
date of signing till the final settlement) in the face of construction laws)).
disputes (Specific to Iran construction laws).

7-4- May lead to employer’s opportunistic behavior to use “clause 21” ((Clause 21: when 5- Claims
the contractor does not meet part of his obligations, then the employer can meet those Related to
obligations and contractor will be owed to employer) (Specific to Iran construction laws)). Damage

7-5- May lead to premature exploitation before issuing the certificate of substantial
completion.

8-1- May lead to delay in completion of the project.


8- Not defining the exact definition of “Project duration”
2- Claims
(project duration minus duration of contractor’s
Related to
non-excusable delay) in the face of disputes (Specific to
Schedule
Iran construction laws). 8-2- May lead to delay in revising and providing timely corrective drawings.
9-1- May lead to delay in payements caused by delay in evaluating the contractor’s
statements and payment request (bill) by the consultant.
2- Claims
9-2- May lead to delay in payements caused by delay in evaluating the contractor’s Related to
statements and payment request (bill) by the owner (Specifically about signning the Schedule
contractor's stetements by the owner in Iran).

9- Not defining the delay in paying contractor’s payment 9-3- May lead to delay in paying “prepayment installments” by the owner.
request, statements and etc (Specific to Iran construction
Contra laws).
Proferentem
Rule(using 9-4- May lead to dispute about breach of obligations by the employer (Such as "Not paying
the the contractor’s demands" or "Not paying the contractor’s final statement after accepting the
unitelligible 5- Claims
substantial completion by the employer" or "Not releasing the bonds after substantial and
terms Related to
final completion by the employer" or "Not investigating the contractor’s statement on time"
Damage
or "Not issuing or delay in issuing the certification of substantial completion by the owner"
and or "Dispute about the damage of delay in site possession by the owner".

10-1- May lead to delay in payements caused by delay in evaluating the contractor’s
statements and payment request (bill) by the consultant.
10- Not defining the deadline for investigating the 2- Claims
contractor’s statement by the employer (Specific to Iran Related to
construction laws). 10-2- May lead to delay in payements caused by delay in evaluating the contractor’s Schedule
statements and payment request (bill) by the owner (Specifically about signning the
contractor's stetements by the owner in Iran).

11- Not defining the deadline for delaying in “Substantial 11-1- May lead to delay in payements caused by delay in evaluating the contractor’s 2- Claims
Completion” by the employer (Specific to Iran construction statements and payment request (bill) by the owner (Specifically about signning the Related to
laws). contractor's stetements by the owner in Iran). Schedule
11-2- May lead to dispute about breach of obligations by the employer (Such as "Not paying
the contractor’s demands" or "Not paying the contractor’s final statement after accepting the
11- Not defining the deadline for delaying in “Substantial 5- Claims
substantial completion by the employer" or "Not releasing the bonds after substantial and
Completion” by the employer (Specific to Iran construction Related to
final completion by the employer" or "Not investigating the contractor’s statement on time"
laws). Damage
or "Not issuing or delay in issuing the certification of substantial completion by the owner"
and or "Dispute about the damage of delay in site possession by the owner".

2- Claims
12- Not defining the deadline for releasing the contractor’s
12-1- May lead to delay in relasing the bonds after substantial and final completion. Related to
bonds (Specific to Iran construction laws).
Schedule
1-Claims
13-1- May lead to unintelligible terms, errors and defects in the terms and text of the Related to
contract. Contract (Text &
Content)
Contra
Proferentem 13-Not defining the payments procedure by the owner 13-2- May lead to delay in payements caused by delay in evaluating the contractor’s
Rule(using (Owner's bureaucracy). statements and payment request (bill) by the owner (Specifically about signning the
the contractor's stetements by the owner in Iran). 2- Claims
unitelligible Related to
terms 13-3- May lead to delay in payements caused by delay in evaluating the contractor’s Schedule
statements and payment request (bill) by the owner (Specifically about signning the
contractor's stetements by the owner in Iran).

14-1- May lead to delay in payements caused by delay in evaluating the contractor’s
statements and payment request (bill) by the owner (Specifically about signning the
contractor's stetements by the owner in Iran). 2- Claims
14- Inadequate contract provisions for enforcement of
Related to
timely payment.
14-2- May lead to delay in payements caused by delay in evaluating the contractor’s Schedule
statements and payment request (bill) by the owner (Specifically about signning the
contractor's stetements by the owner in Iran).

4-Claims
Related to
15-1- May lead to use of similar materials specified in the contract and its subsequent
15- Not defining the materials resources. Difference in
dispute for paying the difference cost of materials.
Pricing and
Measurement

16-1- May lead to creep in project scope caused by change in project scope as a result of
problems identified during construction.
3- Claims
16- Request for expediting the project but does not change
Caused by
the terms.
16-2- May lead to creep in project scope caused by dispute about quantities, cost and time of Change
change orders.
17-1- May lead to change in project scope as a result of problems identified during
construction. 3- Claims
17- Not addressing the issues that may arise related to
Caused by
conducting "Value Engineering".
Change
17-2- May lead to dispute about quantities, cost and time of change orders.

Contra 18-1- May lead to delay in completion of the project.


Proferentem
Rule(using
the 18-2- May lead to late orders by the consultant (such as delay for replying technical
unitelligible problems or contractor's information/ inquiry). 2- Claims
terms 18- Not addressing the questions about procedures to solve
Related to
unexpected problems. 18-3- May lead to late owner-supplied equipment and material. Schedule

18-4- May lead to late orders by the consultant (such as delay for replying technical
problems or contractor's information/ inquiry).

18-5- May lead to delay in replying the contractor’s inquiry by the owner.

1-Claims
19-1- May lead to unintelligible terms, errors and defects in the terms and text of the Related to
contract. Contract (Text &
19- Cultural diffrences such as "Not addressing the policy Content)
about bribe and financial trancparancy", "Language
problem" and etc. 19-2- May lead to delay in completion of the project.
2- Claims
19-3- May lead to delay in payements caused by delay in evaluating the contractor’s Related to
statements and payment request (bill) by the owner (Specifically about signning the Schedule
contractor's stetements by the owner in Iran).
5- Claims
20-1- May lead to dispute about opponent in the land delivered to the contractor. Related to
Damage

Contra 20- Public interruption caused by "Unfair compensation for


2- Claims
Proferentem displaced people (opponent)" or not addressing the "Roles 20-2- May lead to delay caused by legal problems with stakeholders (such as neighbors and Related to
Rule(using and responsibilities of each party" and etc. etc).
Schedule
the
unitelligible
terms 4-Claims
Related to
21- Inadequate contract provisions for detecting the
21-1- May lead to dispute about extra costs. Difference in
opportunistic behaviors
Pricing and
Measurement

1-1- May lead to different interpretations of the contract. 1-Claims


Negligent
22- Owner does not address the defects and errors Related to
misrepresent
identified by the contractor. Contract (Text &
ation 1-2- May lead to unintelligible terms, errors and defects in the terms and text of the contract. Content)

23-Tendency of consultants/clients uneder-valuing.

2- Claims
24-1- May lead to delay in completion of the project. Related to
Fraudulent Schedule
misrepresent
ation
24- Delibrate blockage of information flow. 4-Claims
Related to
24-2- May lead to dispute about increased costs for collecting the blocked information. Difference in
Pricing and
Measurement
2- Claims
24-1- May lead to delay in completion of the project. Related to
Schedule
25- Mismatch between risk of domestic and foreign
Unilateral
policies. 4-Claims
mistake
Related to
1-2- May lead to unintelligible terms, errors and defects in the terms and text of the contract. Difference in
Pricing and
Measurement

26-1- May lead to dispute about contract termination due to “project cease” caused by
employer’s inability to afford the project.

26-2-May lead to dispute about “extra compensation” caused by not accepting the second
Frustration quarter suspension by the contractor and contract termination (Specific to Iran construction
or Economic laws).
5- Claims
Duress 26- Supervening events (cuased by changing the rules) not
Related to
(legitimate controllable by the owner.
26-3- May lead to dispute about “extra compensation” caused by not accepting the increase Damage
Pressure)
or decrease more than 25 % of the contract cost and contract termination (Specific to Iran
construction laws).

26-4- May lead to dispute about “project cease cost” caused by employer’s inability to
afford the project when the employer does not apply suspension to the project (Specific to
Iran construction laws).

27-1- May lead to delay in payements caused by delay in evaluating the contractor’s
statements and payment request (bill) by the owner (Specifically about signning the
27-Delay in announcing the indices of adjustment contractor's stetements by the owner in Iran). 2- Claims
(Economic by the government (Specific to Iran construction Related to
Schedule
Duress) laws). 27-2- May lead to delay in payements caused by delay in evaluating the contractor’s
statements and payment request (bill) by the owner (Specifically about signning the
Illegitimat contractor's stetements by the owner in Iran).
e Pressure
28-Economic duress due to changes in global 5- Claims
28-1 May lead to dispute about the damage of "Force Majure" events. Related to
markets (During the project). Damage
29- Economic conditions due to changing the rules 5- Claims
(Economic (During the project and caused by the government 29-1 May lead to dispute about the damage of "Force Majure" events. Related to
policy). Damage
Duress)
Illegitimat 5- Claims
e Pressure 30- Lack of funds due to economic conditions. 30-1 May lead to dispute about the damage of "Force Majure" events. Related to
Damage

31- Owner's failure to manage the interactions


among multiple conractors.
Type of Claim Causes of Claim
1-1- Different interpretations of the contract.

1-2- Unintelligible terms, errors and defects in the terms and text of the contract.

1-Claims 1-2-1- Errors and defects in primary estimation (such as erroes and defects in contract items).
Related to
Contract (Text 1-2-2- Errors and defects in contract specifications.
& Content)
1-2-3- Errors and defects in project documentation (such as delivering incorrect underground information to the
contractor by the consultant.

1-2-4- Terms not written in new contractor’s contract.

2-1- Delay in payements.

2-1-1- Delay in evaluating the contractor’s statements and payment request (bill) by the consultant.

2-1-2- Delay in evaluating the contractor’s statements and payment request (bill) by the owner (Specifically about
signning the contractor's stetements by the owner in Iran).

2-1-3- Delay in paying “prepayment installments” by the owner.

2-2- Delay in completion of the project.

2-2-1- Delay caused by other contractors employed by the owner.

2-2-2- Delay caused by force majure and unforeseen events.

2-2-3- Delay in revising and providing timely corrective drawings.


2- Claims
Related to 2-2-4- Delay in ordering and purchasing materials due to delay in approving drawings.
Schedule
2-2-5- Late owner-supplied equipment and material.

2-2-6-Late orders by the consultant (such as delay for replying technical problems or contractor's information/ inquiry).

2-2-7- Delay in replying the contractor’s inquiry by the owner.

2-2-8- Delay caused by changing the owner in duration of project.

2-2-9- Delay caused by legal problems with stakeholders (such as neighbors and etc).

2-3- Delay in site possession or "Right of way" by the owner.

2-4-Delay in obtaining permits by the owner.

2-5- Delay in issuing the certification of substantial completion by the owner.

2-6- Delay in relasing the bonds after substantial and final completion.

3-1- Creep in project scope.

3-1-1- Changing in project scope as a result of problems identified during construction.

3-1-2- Dispute about quantities, cost and time of change orders.

3- Claims 3-2- Change in site conditions.


Caused by
Change 3-3- Changing the project location or the project stations location.

3-4- Changing the procedure for shop-drawings.

3-5- Changing the execution method caused by drawings changes.

3-6- Changing the project phases delivery schedule.


4-1- Use of similar materials specified in the contract and its subsequent dispute for paying the difference cost of
materials.
4-2- New contractor's dispute due to hidden issues during the project execution about percent physical progress of the
work unfinished and delivered.

4-3- Dispute about quantities and cost of site materials and equipment .

4-4- Dispute about cost caused by bonds extension.

4-5- Dispute about costs caused by rescission.


4-6- Dispute about costs caused by termination (such as quantities and cost of site materials and equipment, demands and
4-Claims etc).
Related to 4-7- Dispute about costs of the project resources transportation caused by circumventing sanctions for special contracts
Difference in (Specific to Iran).
Pricing and
Measurement 4-8- Dispute about materials cost applying for temporary buildings of workshop (Not including in contract materials).
4-9- Dispute about insurance issues.
4-10- Dispute about sudden tax and cost increase.
4-11- Dispute about costs of difference in way of doing things and or difference method of pricing .
4-12- Dispute about projects costs which have finished in terms of contract price, but have not finished in terms of
project costs or new items.

4-13- Dispute about costs caused by changing the items unit.

4-14- Dispute about costs caused by restricted access to the site.

5-1- Dispute about force majure events (such as wether, unforeseen ground conditions and etc) .
5-1-1- Sanctions (such as suspension, increase or decrease in LC, change in price of materials and equipments
(especialy in terminating projects which do not have any adjustments) .
5-2- Financial failure of the owner.
5-3- Vindicating the contractor's crime (neighbors's or stakeholders' damage caused by the contractor) due to reasons
provided by the contractor.
5- Claims
Related to 5-4- Dispute about opponent in the land delivered to the contractor.
Damage
5-5- Dispute about damages caused by adherencing to safety instructions and workshop suspension.

5-6- Dispute about contractor's financial damage caused by fire, theft and similar events if the owner has not permitted
the contractor to insure these events.
5-7- Dispute about contract termination.

5-7-1- Dispute about contract termination due to “project cease” caused by employer’s inability to afford the project.
5-7-2-Dispute about “extra compensation” caused by not accepting the second quarter suspension by the contractor
and contract termination (Specific to Iran construction laws).
5-7-3- Dispute about “extra compensation” caused by not accepting the increase or decrease more than 25 % of the
contract cost and contract termination (Specific to Iran construction laws).
5-8- Dispute about “project cease cost” caused by employer’s inability to afford the project when the employer does not
apply suspension to the project (Specific to Iran construction laws).
5-9- Dispute about bonds confiscation by the owner and before rescinding the contract (Specific to Iran construction
laws).
5-10- Dispute about breach of obligations by the owner.
5-10-1- Not paying the contractor’s demands.

5- Claims 5-10-2- Not paying the contractor’s final statement after accepting the substantial completion by the employer.
Related to
Damage 5-10-3- Not releasing the bonds after substantial and final completion by the employer.

5-10-4- Not investigating the contractor’s statement on time.


5-10-5- Not issuing or delay in issuing the certification of substantial completion by the owner.
5-10-6- Dispute about the damage of delay in site possession by the owner.
5-11- Dispute about breach of obligations by the consultant.

5-12- Dispute about costs of changing the owner in duration of project.

5-13- Dispute about damage caused by applying consultant’s instructions or contractor's claim that he is no responsible
for the accuracy of contract precedures.

5-14- Dispute about installation moving and the cost of their damages on the project.

5-15- Dispute about overhead costs caused by increasing the time beyond project duration.
5- Claims
Related to 5-16- Dispute about continuous costs of site mobilization caused by increasing the time beyond project duration.
Damage
5-17- Dispute about costs when the equipments are idle in the workshop caused by increasing the time beyond project
duration.
6-1- Dispute about project acceleration by “Fast tracking” method.

6- Opportunistic
Claims
6-2- Applying such difficulty, height coefficients and etc., in addition to the coefficients applied to the statement by the
consultant.
6-3- Contradiction between contract items and statement items.
6- Opportunistic 6-4- Contradiction between applying statement indexes and main indexes.
Claims
6-5- Unfair contract rescission by the employer (Specific to Iran construction laws)).
6-6-Employer’s opportunistic behavior to use “clause 21” ((Clause 21: when the contractor does not meet part of his
obligations, then the employer can meet those obligations and contractor will be owed to employer) (Specific to Iran
construction laws)).
6-7- Premature exploitation before issuing the certificate of substantial completion.

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