The document outlines the process for claiming additional payment or an extension of time under a construction contract. It states that the claiming party must provide notice of the claim within 28 days of becoming aware, along with maintaining contemporary records. The claiming party then submits a fully detailed claim within 84 days, including the contractual/legal basis. The Engineer will attempt to reach agreement with the parties and provide a determination within 42 days if no agreement is reached. Either party can then provide a notice of dissatisfaction within 28 days to refer the dispute to adjudication.
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Fidic 2017 - Claims Procedure
The document outlines the process for claiming additional payment or an extension of time under a construction contract. It states that the claiming party must provide notice of the claim within 28 days of becoming aware, along with maintaining contemporary records. The claiming party then submits a fully detailed claim within 84 days, including the contractual/legal basis. The Engineer will attempt to reach agreement with the parties and provide a determination within 42 days if no agreement is reached. Either party can then provide a notice of dissatisfaction within 28 days to refer the dispute to adjudication.
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Employer considers that it is entitled to
Contractor considers that it is entitled to
additional payment, reduction in the Contract additional payment or an EOT (clause 20.1(b)) Price or extension of the DNP (clause 20.1(a))
Claiming party required to maintain
contemporary records (clause 20.2.3) If claiming party disagrees with the If the Engineer considers that the Engineer, or considers that there are Notice of Claim is out of time, it circumstances which justify late gives a Notice to the claiming party submission, it includes details when within 14 days of receipt submitting its fully detailed claim Claiming party gives a Notice of (clause 20.2.2) (clause 20.2.2). The issue is then Claim to the Engineer, within resolved along with the claim itself 28 days after it became aware (or should have become aware) of the event or circumstance (clause 20.2.1). This is a time bar If the other party disagrees with the If Engineer does not give a Notice Notice of Claim being valid, it gives within 14 days, the Notice of Claim a Notice to the Engineer with details is deemed valid (clause 20.2.2) (clause 20.2.2). The issue is then resolved along with the claim itself
If claiming party disagrees with the
If Engineer considers that the Engineer, or considers that there are statement of contractual/legal basis circumstances which justify late is out of time, it gives a Notice to the submission, it includes details when claiming party within 14 days after Claiming party submits fully detailed submitting its fully detailed claim expiry of the time limit claim to the Engineer, within 84 days (clause 20.2.4). The issue is then (clause 20.2.4) (or such other period as agreed) resolved along with the claim itself If claim is of continuing effect, this after it became aware (or should is considered to be an interim have become aware) of the event fully detailed claim and or circumstance (clause 20.2.4). clause 20.2.6 applies Provision of a statement of the contractual/legal basis for the claim If the other party disagrees with the is a time bar If Engineer does not give a Notice Notice of Claim being valid, it gives within 14 days, the Notice of Claim a Notice to the Engineer with details is deemed valid (clause 20.2.4) (clause 20.2.4). The issue is then resolved along with the claim itself
Engineer consults with the parties
in an attempt to reach agreement (clauses 20.2.5 and 3.7.1). Notice of agreement must be given within 42 days of receipt of fully detailed claim (clause 3.7.3(c))
If no agreement within this period,
or parties advise that agreement will not be reached, Engineer determines the claim (clauses 3.7.1 and 3.7.2) and gives a Notice of Engineer s Determination within 42 days (clause 3.7.3)
If either party is dissatisfied with the
determination, it gives a Notice of Dissatisfaction (NOD) within 28 days of receiving the Notice of Engineer s Determination (clause 3.7.5). This is a time bar
Within 42 days of giving/receiving
the NOD (as applicable), either party may then refer the dispute to the Dispute Avoidance/Adjudication Board under clause 21.4 (clause 3.7.5(d)). This is a time bar
(11) Notice of Claim _ Will Contractor Lose Entitlement to Claim if He Fails to Submit Appropriate Notice Required by Contract (FIDIC 4th Edition 1987) _ LinkedIn