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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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86% found this document useful (7 votes)
2K views1 page

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.

Uploaded by

silence_10007
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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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

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