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1.

0 Contractors Claims
Clause

Clause Name

Provision for Claim

BE 4605Nr. Claims Management

1.9

Provisions for Claims in FIDIC 1999

Delayed Drawings or

If the contractor suffers due to delays or disruptions to the work

Instructions

due to the failure of the Engineer to issue necessary drawings or


instructions within reasonable time, the Contractor can claim

2.1

Right to Access to the

for Time, Cost and reasonable Profit under sub-clause 20.1.


If the Contractor suffers by not providing the access to and

Site

possession of any part of the site by the Employer within the


time specified in Appendix to Tender or otherwise according to
programme, the Contractor can claim for Time, Cost and
Reasonable Profit. For such entitlement, the contractor should
have submitted the performance security and the Employers

4.7

Setting Out

failure should not been occurred due to the Contractors fault.


If the Contractor suffers from the errors in original points, lines
and levels of reference provided by the Employer and if those
errors cannot be reasonably discovered by an experienced
Contractor, the Contractor can claim for Time, Cost and

4.12

Unforeseeable

Reasonable Profit.
If the contractor suffers from unforeseeable adverse physical

Physical Conditions

conditions which are natural or manmade, including sub-surface


and hydraulic conditions excluding climatic conditions, the
Contractor can claim for Time and Cost. In the case of
favorable conditions in the similar works than foreseen at the
tendering stage, the cost may be reduced but all together it does
not result in net reduction in the contract price.

4.24

Fossils

If the Contractor suffers from the Engineers instructions in the


case of discovering fossils, coins, articles of value or antiquity
and other items of geological or architectural interest, the
Contractor can claim for Time and Cost incurred in dealing with
those instructions.

7.4

Testing

If the Contractor suffers from the Engineers instructions with


regard to tests under clause 13 [Variations and Adjustments] or
from employers delay, the Contractor can claim for Time, Cost

8.4

Extension of Time for

and Reasonable Profit.


The contractor can claim and be entitled to increase of Time for

Completion

completion for the following reasons

Department of Building Economics

1. Variation or other substantial change in the quantity


1
2. Delay giving entitlement to extension of time under any

sub clause.
3. Adverse climatic conditions
4. Unforeseeable shortage in the personnel or goods

BE 4605- Claims Management

Provisions for Claims in FIDIC 1999

2.0 Employers Claims


Clause
Nr.
7.5

Clause Name
Rejection

Provision for Claim


The employer can claim for additional cost where as any
repetition for tests found be defective on requested by the
engineer

7.6

Remedial Work

as

result

of

examination,

inspection,

and

measurement, testing and not in accordance with the contract.


If the Contractor fails to proceed with the engineers instruction
on remove or replace any plant or material or remove and reexecute any work and execute any work urgently required, the
Employer employ and pay other person to carry out the work and

8.6

Rate of Progress

the Employer can claim for additional cost for such a work
When the contractor unable to complete the work within the
time, Engineer instruct to submit revised programme and
method. If Employer incur any additional cost due to that method
or the programme the Employer shall entitle to claim additional

8.7

Delay Damages

cost in addition to the delay damages.


If the contractor fails to complete the whole of the work on due
time employer is entitle to claim for delay damages these delay
damages amounts and paying days are stated in the appendix to

9.4

Failure to Pass Tests

tender
If the Contractor fail to pass the test on completion for any work,

on Completion

or work section under sub clause 9.3 retesting and the failure
eliminate the employer benefit of that work or the work section,
the Employer can claim additional cost for such a work as

11.3

Extension of Defect

remedy.
If the Contractor fail to pass the test on completion for any work,

Liability Period

or work section under sub clause 9.3 retesting and the failure
eliminate the employer benefit of that work or the work section,
the Employer can claim additional cost for such a work as
remedy.

11.4

Failure to Remedy

If the Contractor fails to remedy the defect or damage by the

Defects

date, fixed by Employer the employer may, carry out the works

Department of Building Economics

BE 4605- Claims Management

Clause

Provisions for Claims in FIDIC 1999

Clause Name

Provision for Claim

Nr.
himself by the Employer and claim the cost under the Sub clause
2.5 (Employers Claims) by taking the responsibility of the that
work himself.
Other than that Employer may require the engineer to agree for a
reasonable reduction in Contract Price or if the defect or damage
deprives the Employer of substantially whole or major part of the
work, terminate the Contract and recover all or part of the sum
paid for works and financing cost, dismantling cost and returning
15.4

Payment after

Plant and Material to the Contractor.


After giving notice of termination under clause 15.2 the

termination

employer may claim under sub clause 2.5 (Employers claims) to


recover any losses and damages and any extra cost of completing

18.1

General

the work.
If the Contractor fails to effect and keep in force an available

Requirement for

insurance (which is effected with insures and according to the

Insurance

terms approved by employer) and is required to maintain under


the Contract and the Employer neither approves the omission nor
effects insurance for the coverage relevant to this default, any
money which should have been recoverable under this insurance
shall be paid by the Contractor under clause nr. 2.5 (Employers

18.2

Insurance for works

claims).
If more than one year after the Base Date, the cover for loss or

and Contractors

damage to a part of the Work which is attributable to the use or

Equipment

occupation by the Employer of another part of the work and loss


or damage from risks ceases to be available at commercially
reasonable terms, then the Employer is entitled to a payment of
an amount equivalent to such commercially reasonable terms as
the contractor should have expected to have paid for such cover
under sub clause 2.5 (Employers Claims).

Department of Building Economics

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