Appendix D Claims Management System Under FIDIC

Appendix D: Claim Management System
under FIDIC Forms
D.1
Claim Management Team Responsibilities

Comment: This is an example of an arrangement of a Contractors Claim Management System that can be used by employers and/or engineers with necessary
adjustments. Every project is different in terms of its size, price, time, country and
risk, so the number of employees must be adjusted accordingly. There should be
one individual employee (or a team) dealing with the particular categories such
as, for example, claim administration and quantification, design, time schedule
(programme), contract interpretation, monthly statements, invoicing, insurance,
subcontractors, employers claims and mutual claims in a joint venture. Daily
coordination meetings may be necessary in large projects where numerous site
managers and claim managers need to share information as openly and efficiently as
possible. Legal support may also be necessary in particular situations. Furthermore,
it is difficult to hire professional claim managers in many countries so lawyers
sometimes step into this function.
E = Employee
D.1.1
E1 Project manager
Examples of responsibilities:
E1 is primarily responsible for identifying all factors that have an impact on time
and price during the project.
E1 is responsible for claim management as a whole, i.e. mainly for claim identification, keeping contemporary records, coordination of the team, early warnings, analysis of claims, decisions regarding the claim notice, consultation with
the engineer or the employer, notification and submission (quantification) of
claims.
International Construction Contract Law, First Edition. Lukas Klee.
2015 John Wiley & Sons, Ltd. Published 2015 by John Wiley & Sons, Ltd.
Appendix D: Claim Management System under FIDIC Forms
479
E1 is responsible for documentation, quantification and calculation of the value

of claims for an extension of time for completion and additional payment (for
the claim submission and enforcement).
E1 is responsible for deadlines (i.e. mainly for notification and submission of
claims).
E1 is responsible for proper and efficient claim management organisation and delegates responsibility for the purpose of efficient claim management.
E1 is responsible for coordination and consultation within the consortium
(joint-venture).
E1 is responsible for the time schedule (programme), progress reports and
monthly statements and updating as per the contract.
E1 is responsible for proper and formal correspondence (i.e. mainly for notification and submission of claims).
D.1.2 E2 Design and time schedule (Programme)

E2 is responsible for identifying all factors that have an impact on time and price
related to the design and time schedule, i.e. mainly for claim identification and
keeping of contemporary records.
E2 is responsible for monitoring and analysing the design works mainly with
regard to possible defects and respective claims.
E2 is responsible for the identification of the defects in the terms of reference
(mainly the tender design, drawings, specifications, bill of quantities and
employer requirements).
E2 is responsible for time schedule up-dating due to EOT claim notifications and
submissions (quantification).
E2 is responsible for the preparation and coordination of inputs for the updated
time schedule.
Based on these inputs, the site manager prepares and updates the time schedule
and adjusts it according to the engineers requirements.
D.1.3 E3 Site manager

E3 is responsible for identifying all factors that have impact on time and price during the project. Everything must be documented and contemporary evidence
kept.
480
E3 prepares necessary materials and documents for E1 to enable proper coordination of the team, early warnings, analysis of the claims, decision of the claim
notice, consultation with the engineer or employer, notification and submission
(quantification) of claims.
E3 is responsible for preparation of the documents and records for claim quantification and EOT evaluation/quantification (in cooperation with E2).
E3 is responsible for timely claim notification.
E3 is responsible for preparation of the documents and records for progress
reports.
E3 is responsible for the preparation of documents and records for proper formal
correspondence (i.e. mainly for notification and submission of claims).
D.1.4
E4 Contract Interpretation, Monthly Statements,

Invoicing, Insurance, Subcontractors, Employers Claims,
Mutual Claims in a Joint Venture
E4 is responsible for identifying all factors that have an impact on time and price
related to monthly statements, invoicing, insurance and subcontractors.
E4 is responsible for claim quantification (in cooperation with E3 for E1), i.e.
mainly claims for additional payment including mutual damages compensation, cost of suspension, delay, disruption, termination and the effects of
variation (such as acceleration and prolongation).
E4 is responsible for contract interpretation.
E4 is responsible for claim management in terms of cost control and payments
(monthly statements, invoicing, and so on).
E4 is responsible for insurance claim management.
E4 is responsible for subcontractor claim management.
E4 is responsible for employer claim management defense.
E4 is responsible for mutual claims in a joint venture.
D.1.5
E5 Administrative support
E5 is responsible for the evidence of claims and administrative support for the
team.
E5 is responsible for systematic and clear evidence of letters and contemporary
records.
D.2
Claim Management Processes

Before the
Claim Event
Claim Identification
Contemporary Records
Analysis
Early Warning
Communication
within
Project Team
Claim Event
Contractual
Claims
Claims under
Governing Law
Claim Identification
In case of the lack of

Identification before the
Claim Event
Contemporary Records
Claim Analysis
Strategic
analysis
Claim Notice Decision
Negotiation with the Engineer/

Employer
28 days after
Claim Event at
latest
Claim Notice
42 days after
Claim Event at
latest - a Fully
Detailed Claim
or an Interim
Claim
Claim Submission (Quantification)

Request for
Additional Details
42 days after
Claim
Submission
at latest
Engineers Approval
Engineers Response
Engineers
Disapproval
Dispute
481
482
D.3
Table of Contractors claims under FIDIC CONS
D.4
Clause in FIDIC CONS 20.1
Contractors claims
1.9
2.1
4.7
4.12
4.24
7.4
8.4
8.5
8.9
10.2
10.3
11.8
12
12.4
13.2
13.3
13.7
14.4
14.8
16.1
16.4
17.1
17.4
18.1
19.4
19.6
Delayed drawings or instructions

Right of access to the site
Setting out
Unforeseeable physical conditions
Fossils
Testing
Extension of time for completion
Delays caused by authorities
Consequences of suspension
Taking over of parts of the works
Interference with tests on completion
Contractor to search
Measurement and evaluation
Omissions
Value engineering
Variation procedure
Adjustments for changes in legislation
Schedule of payments
Delayed payment
Contractors entitlement to suspend work
Payment on termination
Indemnities
Consequences of employers risk
General requirements for insurances
Consequences of force majeure
Optional termination, payment and release
Table of Employers claims under FIDIC CONS

Employers claims
4.19
4.20
7.5
7.6
8.6
8.7
9.4
10.2
Electricity, water and gas

Employers equipment and free-issue material
Rejection
Remedial work
Rate of progress
Delay damages
Failure to pass tests on completion
Taking over of parts of the works
Employers claims
11.3
11.4
13.7
15.3
15.4
17.1
18.1
18.2
Extension of defects notification period

Failure to remedy defects
Adjustments for changes in legislation
Valuation at date of termination
Payment after termination
Indemnities
General requirements for insurance
Insurance for works and contractors equipment
483

Appendix D Claims Management System Under FIDIC

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Appendix D: Claim Management System

under FIDIC Forms

Claim Management Team Responsibilities

Appendix D: Claim Management System under FIDIC Forms

E1 is responsible for documentation, quantification and calculation of the value

D.1.2 E2 Design and time schedule (Programme)

D.1.3 E3 Site manager

Appendix D: Claim Management System under FIDIC Forms

E4 Contract Interpretation, Monthly Statements,

Appendix D: Claim Management System under FIDIC Forms

Claim Management Processes

In case of the lack of

Claim Notice Decision

Negotiation with the Engineer/

Claim Submission (Quantification)

Appendix D: Claim Management System under FIDIC Forms

Table of Contractors claims under FIDIC CONS

Clause in FIDIC CONS 20.1

Delayed drawings or instructions

Table of Employers claims under FIDIC CONS

Electricity, water and gas

Appendix D: Claim Management System under FIDIC Forms

Clause in FIDIC CONS 2.5

Extension of defects notification period

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