BE 4605- Claims Management Provisions for Claims in FIDIC 1999

1.0 Contractor’s Claims

Clause Clause Name Provision for Claim
Nr.
1.9 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
for Time, Cost and reasonable Profit under sub-clause 20.1.
2.1 Right to Access to the 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 Employer’s
failure should not been occurred due to the Contractor’s fault.
4.7 Setting Out 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
Reasonable Profit.
4.12 Unforeseeable 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 Engineer’s 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.

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BE 4605- Claims Management Provisions for Claims in FIDIC 1999
7.4 Testing If the Contractor suffers from the Engineer’s instructions with
regard to tests under clause 13 [Variations and Adjustments] or
from employer’s delay, the Contractor can claim for Time, Cost
and Reasonable Profit.
8.4 Extension of Time for The contractor can claim and be entitled to increase of Time for
Completion completion for the following reasons
1. Variation or other substantial change in the quantity
2. Delay giving entitlement to extension of time under any
sub clause.
3. Adverse climatic conditions
4. Unforeseeable shortage in the personnel or goods
5. Obstruction caused by Employer’s side or other
contractors on the site.
8.9 Consequences of If the Contractor suffers from suspension of work instructed by
Suspension the Engineer under sub clause 8.8, the contractor can claim for
Time and Cost and is entitled for such provisions if the
suspension was caused not because of the Contractor’s fault.
10.2 Taking Over of parts If the Contractor suffers due to the Employer’s taking over
of the Work and/or using a part of the works other than specified in the
contract or agreed between the parties, the contractor can claim
for Cost and Reasonable Profit.
10.3 Interference with If the contractor suffers from delay in carrying out the tests on
Tests on Completion completion by a cause for which the employer is responsible,
the Contractor can claim for Time, Cost and Reasonable Profit.
13.7 Adjustment for If the Contractor suffers as a result of the changes in the law of
Changes in the country or in the judicial or official governmental
Legislation interpretation of such laws, made after the base date, the
Contractor can claim for Time and Cost incurred.
16.1 Contactor’s If the contractor suffers from suspension of work by himself
Entitlement to under sub clause 14.6 [Issue of Interim Payment Certificate],
Suspend work sub-clause 2.4 [Employer’s Financial Arrangement] or sub-
clause 14.7 [Payment], the contractor can claim for Time, Cost
and Reasonable Profit.

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BE 4605- Claims Management Provisions for Claims in FIDIC 1999
17.4 Consequences of If the Contractor suffers from loss or damage to the work
Employer’s Risks resulting from the Employer’s risks as listed in sub-clause 17.3,
the Contractor can claim for Time and Cost incurred in
rectifying them.
In addition to that he can claim for ‘reasonable profit’ on the
cost for following risks noted in sub-clause 17.3.
f. Use or occupation by the Employer of any part of the
permanent work, except as may be specified in the contract
g. Design of any part of the works by the Employer’s
personnel or by others for whom the Employer is
responsible.
18.1 General Requirement If the Employer fails to effect and keep in force an available
for Insurance insurance (which is effected with insures and according to the
terms approved by employer) and is required to maintain under
the Contract and the Contractor neither approves the omission
nor effects insurance for the coverage relevant to this default,
any sum which should have been recoverable under this
insurance shall be paid by the Employer under clause nr. 20.1
(Contractor’s claims).
19.4 Consequences of Under this clause the contractor is eligible to claim for an
Force Majeure extension of time and cost if the notice (under clause nr. 19.2)
had been given within 14 days after contractor become aware or
should have become aware of the relevant circumstances
constituting Force Majeure which is defined under clause nr.
19.1. This clause is not applying to obligations of either Party to
make payments to the other Party.

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BE 4605- Claims Management Provisions for Claims in FIDIC 1999
2.0 Employer’s Claims
Clause Clause Name Provision for Claim
Nr.
7.5 Rejection The employer can claim for additional cost where as any
repetition for tests found be defective on requested by the
engineer as a result of examination, inspection, and
measurement, testing and not in accordance with the contract.
7.6 Remedial Work If the Contractor fails to proceed with the engineer’s instruction
on remove or replace any plant or material or remove and re-
execute any work and execute any work urgently required, the
Employer employ and pay other person to carry out the work and
the Employer can claim for additional cost for such a work
8.6 Rate of Progress 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
cost in addition to the delay damages.
8.7 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
tender
9.4 Failure to Pass Tests 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
remedy.
11.3 Extension of Defect 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.

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BE 4605- Claims Management Provisions for Claims in FIDIC 1999
Clause Clause Name Provision for Claim
Nr.
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
himself by the Employer and claim the cost under the Sub clause
2.5 (Employer’s 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
Plant and Material to the Contractor.
15.4 Payment after After giving notice of termination under clause 15.2 the
termination employer may claim under sub clause 2.5 (Employer’s claims) to
recover any losses and damages and any extra cost of completing
the work.
18.1 General 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 (Employer’s
claims).
18.2 Insurance for works If more than one year after the Base Date, the cover for loss or
and Contractor’s 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 (Employer’s Claims).

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BE 4605- Claims Management Provisions for Claims in FIDIC 1999

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