“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 […]
“PPP Contract Design is a complex task. To achieve this, first of all, you have to fulfill the steps of the PPP Project Cycle.” Before the PPP transactions are implemented, the draft PPP Contracts should be prepared. But before doing that, the below mentioned approach which is called PPP Project Cycle should be realized. Phases […]
“Project Finance documentation should be detailed and comprehensive enough to cover risks and scenarios that the parties could face.” Project Finance documentation is complex, expensive and time consuming. Due to the limited-recourse or non-recourse structure of project finance transactions, project finance documentation has a great importance for securing repayment of the loan. There are two […]
“A well-designed PPP Contract is clear, comprehensive and creates certain roles and responsibilities for the contracting parties.” To achieve this; ► a set of incentives, ► a set of penalties, should be articulated for the potential actions of the parties. Steps of Structuring PPP Contracts 01 Performance Requirements 02 Payment Mechanism 03 Adjustment Mechanism 04 Dispute Resolution […]
“To close the infrastructure gap, we have to develop bankable and investment-ready project pipelines” The Infrastructure gap is not the result of the shortage of capital. The main reason is the lack of bankable and investment-ready projects. And, “Lenders” do not make projects bankable, they assess the bankability. Mostly, the bankability of an Infrastructure Project […]
“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 […]












![Delay Claims Preparation [Checkpoints]](https://eayglobal.com/wp-content/uploads/2024/05/1-150x150.jpg?crop=1)