Disputes and ill-will often arise because the Engineer either does not make an award for a just claim or does not properly explain the reasons behind a rejection or the award of a lesser amount than that claimed. The Engineer also often fails in his obligations to consult with the Parties and attempts to reach amicable settlement. The final module discusses the purpose of an Engineer’s response, what should be included within the response and suggests a procedure for dealing with claims so that the Engineer’s obligations are met and disputes are avoided.

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Contractor’s claims often fail, not because the claim is not just, but because the Contractor has failed to prove his case effectively. Module 6 discusses the FIDIC procedure and requirements for a claim submission and expands on these to explain how a claim may be properly and professionally presented so as to reach resolution in a timely manner.

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Failure to submit notices may be fatal to an otherwise just claim. This module explains the requirements for various notices, what a notice should contain and how and when notices should be submitted. Also discussed are the consequences of not giving notice, conditions precedent and whether these may be legally applied.

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Module 4 discusses what may be claimed under different circumstances and discusses important principles to bear in mind when making a claim and calculating quantum. Topics examined are extensions of time, cost and profit.

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In part 2 of this module we continue our in-depth examination of the clauses that provide entitlement to the Contractor to make a claim.

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