“Legal and practical consequences of termination should be considered in-depth before the Notice is given.” Termination of a Contract is a serious step to take for the Contractor. Various circumstances, such as; ➤ A prolonged suspension, ➤ Employer’s insolvency or compounding with creditors, may lead to termination. Execution of the termination procedure properly has a […]
“Defects are one of the major causes of disputes. It is common to see disagreement of the parties while managing a defect-related process.” It’s important to have the Works in the conditions required by the Contract. But, in most of the projects it rarely happens, even after taking over. Generally, defects appear and most of […]
“Preparing and making a successful claim depends on the collection of facts and the supporting evidence to prove the delay and the costs incurred.” The Construction Industry is widely associated with risks. These risks often give rise to claims. An increase in both the number and the value of the claims is observed throughout the […]
“The method chosen for the payment is one of the crucial elements of any Construction Contract.” Cash flow is more important than ever in today’s volatile economic conditions. The effective and efficient payment method is crucial for the performance of the project. Clause 14 of the 1999 FIDIC Silver Book contains the provisions regarding advance […]
“The methods of measurement and valuation should be specified clearly to avoid future disputes.” In accordance with Clause 12 [Measurement and Evaluation], Works should be measured and valued for payment. In the beginning of the process, the actual quantities have to be measured. The Engineer gives Notice to the Contractor’s Representative and then the measurement […]
“By the help of Value Engineering, the Contractors use their experience and knowledge for the advantage of both themselves and the Employer.” Value Engineering has been widely used in the construction industry for many years. Speeding up completion, reducing the cost of the project, improving efficiency and providing benefits for the Employer are some of […]
“Whether the construction project is small or large, variations frequently occur.” In our case, the need for variation arises during the course of the project. The Engineer requests a proposal from the Contractor regarding the Variation. The Contractor submits the proposal. The Engineer approves the proposal and instructs Variation. The Contractor executes the Works strictly […]
“In the event of non-payment, manage the process properly and minimize the probability of future disputes.” In our case; the Contractor submits its application for Interim Payment Certificate (IPC). However, the application is returned by the Engineer due to lack of information in the Statement. The Contractor re-submits the IPC in accordance with Sub-Clause 14.3 […]
“It may not be possible for the Contractor to price particular costs that may arise from changes in Law which are not foreseen at the time the contract was signed.” In our case; the government announces changes to the laws restricting the construction activities and works on site. The Contractor proceeds with the Works in […]
“The Construction Sector suffers the most from the late payment issues in comparison with others.” In our case; the Engineer issues the Interim Payment Certificate (IPC) to the Employer for the Contractor’s payment. Despite the 56 days time limit [1], the Employer makes the payment two weeks after the due date. Therefore, the Contractor encounters […]












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