“Tender Evaluation Process has a great impact on the success or failure of the Construction Project.” Well-managed Tender Evaluation Process enables accessing quality, experience, capacity and minimises the probability of Contractor Default. Steps of Tender Evaluation Process 01 Constitution of the Evaluation Committee 02 Reception of the Tenders 03 Opening of the Tenders 04 Administrative […]
“Legal and practical consequences of termination should be considered in-depth before Notice is given.” Clause 16 in 2017 Editions of the Red and Yellow Books states the circumstances that entitle the Contractor to terminate the Contract, the procedures during and after the termination and the payment mechanism. Steps of Termination of the Contract by the […]
“The FIDIC Contracts set out certain rights to terminate the Contracts. But, it is important to remember that termination is a serious step.” Clause 15 in 2017 Editions of the Red, Yellow and Silver Books states the Contractor’s Defaults that entitle the Employer to terminate the Contract, the procedures of termination, completion of works, valuation […]
“Defects are one of the major causes of disputes. It is common to see disagreement of parties while managing a defect-related process.” Clause 11 [Defects Liability] in the 1999 Edition of the Red Book states the Procedures regarding Defects after Taking Over. The issue of Taking-Over Certificate indicates the commencement of “Defects Notification Period”. The […]
“Delayed decisions escalate uncertainty and impact the performance of the Construction Projects.” Dispute Board is one of the significant parts of a Construction Contract and needs to be well understood before entering into such a contract. Steps of Effectively Submitting the Dispute Referral to the Dispute Board 01 Understanding the Applicable Procedure regarding the Dispute Board […]
“Timely resolution of disputes has significant importance on the performance of the Construction Projects.” Clause 21 in the 2017 Editions of the Red, Yellow and Silver Books defines and describes the dispute resolution procedure ranging from Dispute Avoidance/Adjudication Board (DAAB) to Arbitration. The Stages from DAAB to Arbitration 01 Constitution of the DAAB 02 DAAB’s […]
“A claim process should be managed in a professional manner to reach the required results.” Clause 20 in 2017 Edition of the Silver Book states the procedure for notification and substantiation of the “Additional Payment Claims”. Clause 20 also defines the decision making process of the Employer’s Representative. Steps of the Claim Procedure 01 Notice […]
“Taking-Over is one of the most critical parts of a Construction Project. Well managed Taking-Over process will minimise the potential for disputes.” Mainly, the Taking-Over process means transferring the risks of the project from the Contractor to the Employer. Clause 10 in the 2017 Editions of the Red and Yellow Books states the procedure for […]
“Well-structured Liquidated Damages Clauses provide certainty, incentivize performance and facilitate the recovery of damages without difficulty and expense of proof.” Effective use of Liquidated Damages provisions is a significant risk management tool for both the Employer and the Contractor. The purpose of the Liquidated Damages Clauses is to provide a quick and easy way to […]











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