Construction Claim Managment
Construction Claim Managment
Construction Claim Managment
May 2022
Email:[email protected]
[email protected]
Tel Mobile: +251935409255/+251911171104
OUTLINE OF PRESENTATION
1. Introduction;
2. Claims under MDB-FIDIC (2010)
3. Claims under PPA (2011)
4. Delays and EoT;
5. SCL Delay and Disruption Protocol (2017)
6. Claim Management Processes; and,
7. Conclusion.
Deal Documentation
Tender Document Preparation
Deal Exchange
Procurement Management System
Deal Formulation
Finalization and Signing of Contract
Deal Performance
Deal Conformance
Deal Non-Performance
The parties in the Contract are indemnified from any third party claims
as stated in Sub-Clause 17.1 [Indemnities].
Conditions of Contract
for CONSTRUCTION
FOR BUILDING AND ENGINEERING WORKS
DESIGNED BY THE EMPLOYER
Multilateral Development Bank Harmonised
Edition
June 2010
MDB-FIDIC (2010)
2.1 Employer’s Claim under MDB-FIDIC (2010)
If the Employer considers himself to be entitled to any
payment under any Clause of these Conditions or
otherwise in connection with the Contract, and/or to
any extension of the Defects Notification Period, the
Employer or the Engineer shall give notice and
particulars to the Contractor. However, NOTICE IS NOT
REQUIRED for payments due under Sub-Clause 4.19
[Electricity, Water and Gas], under Sub-Clause 4.20
[Employer’s Equipment and Free-Issue Materials], or for
other services requested by the Contractor.
Construction Solutions PLC
The notice shall be given as soon as practicable
and no longer than 28 days after the Employer
became aware, or should have become aware,
of the event or circumstances giving rise to the
claim. A notice relating to any extension of the
Defects Notification Period shall be given
before the expiry of such period.
Construction Solutions PLC
The particulars shall specify the Clause or other
basis of the claim, and shall include
substantiation of the amount and/or extension
to which the Employer considers himself to be
entitled in connection with the Contract.
Concurrent.
Construction Solutions PLC
Excusable Delay
Excusable delays are events or impacts that delay project
completion dates and result from any issues outside of the
contractor’s control. These events may result from an owner-
generated issue, such as changes to the construction documents,
extensive approval process, differing site condition, and prolonged
adverse weather (above and beyond what is considered average),
or from an extraneous, uncontrollable, unforeseeable event, which
may or may not fall under the contract’s force majeure clause (if it
contains one). This is not an exhaustive list, and other issues may
arise and result in excusable project delays.
Thank You!