Claims Management

“Timely resolution of disputes has significant importance on the performance of the Construction Projects.” In our case; the Contractor encounters delay which is caused by the Employer. Therefore, the Contractor considers that it is entitled to Extension of Time for completion and additional payment for delay related costs. The Contractor submits a claim. The Engineer […]

“Changes regarding the scope of work on Construction Projects are common causes of Claims.” Changes continue to be a significant issue for construction. In our case; the Engineer issues revised drawings that change the scope. The Contractor believes that the situation comprises variation, but there is no Owner’s formal acknowledgement regarding the variation.  Despite all, […]

“Timely, proper and persuasive execution of the Claim Process has a significant impact on the performance of the Construction Project.” Subcontractors are often impacted by events and actions beyond their control. In our case; the Subcontractor encounters delay which is caused by the Main Contractor. At the beginning, the Subcontractor reviews the subcontract. Afterwards the […]

    “A claim process should be managed in a professional manner to reach the required results.”   In construction, delays are mostly unavoidable. Sometimes delays can be caused by the Employer. Change to the scope of the work, delayed permits and approvals, payment issues, site access issues are some of the reasons for delay. When […]

“Suspension of work may lead to significant financial consequences; therefore acting with great caution is essential.” In accordance with the 2017 FIDIC Silver Book, the Employer can instruct the Contractor to suspend the Work at any time. The Employer may suspend a part or all of the Work. This suspension will entitle the Contractor to […]

“Claims are inevitable, especially in major construction projects.” The Claim process begins with the Claiming Party’s giving the Notice of Claim and submitting the Fully Detailed Claim to the Engineer. First, the Engineer tries to reach an agreement by consulting with the parties. If the agreement is not achieved, the Engineer makes a determination. In […]

“Defects are one of the major causes of disputes. It is common to see disagreement between parties while managing a defect-related process.” It is obvious that Works should be in the specification or standard required by the Contract. But, due to various factors, construction defects arise and the project fails to comply with the Contract. […]

“The actors of the Construction Industry in both business and legal capacities should be aware of the potential of Third-Party Funding.” High-value “Construction Disputes” makes Third Party Funding a necessity for Claimants in International Arbitration.  Third-Party Funding is allowed in most major Arbitration Centers around the world. It is a developing market and allows Claimants […]

“A claim process should be managed in a professional manner to reach the required results.”   The Contractor may claim Extension of Time and Cost if the Engineer instructs the suspension of progress. Sub-Clauses 8.9 to 8.13 in the 2017 Edition of the Red Book deal with the suspension instructed by the Engineer, “Consequences of Suspension” […]

“A claim process should be managed in a professional manner to reach the required results.”   The Contractor may claim Extension of Time and Cost when he suffers delay and/or incurs cost due to any loss or damage related to the risks defined under Sub-Clause 17.3 [Employer’s Risk]. Sub-Clauses 17.3 and 17.4 in the 1999 Edition […]