Recommendations for Handling Disputes and Claims in Construction Projects
During the execution of large-scale construction projects, the occurrence of conflicts (of any kind) is probable, and is commonly caused by variations to either defining which part of the work constitutes a variation or defining a valuation (among other possible reasons). In this article, I share some recommendations and lessons learned for the coordination of the elaboration of a memorial for an international arbitration under the use of the International Federation of Consulting Engineers (FIDIC) yellow book contract conducted before the International Chamber of Commerce. The integration of a team that is dedicated to this objective is essential in order to describe, in a structured fashion, one's own position before a conflict due to variations to the project. It is critical to be aware that the longer it takes from the occurrence of the disagreement to the elaboration of the claim, the more the quality of the claim decreases and the costs of its elaboration increase.
A Guide to the Project Management Body of Knowledge (PMBOK® Guide) – Sixth Edition (PMI, 2017) includes information about the types of contracts that can be handled for project execution. Among them, there is the so-called fixed price that is commonly used when engineering/design is defined. Internationally, there are models of construction contracts, such as those
Please log in or sign up below to read the rest of the article.