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Topics: Change Management, Communications Management, Construction
The contract documents are complementary-
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In a situation where the contract term clearly states that the contract documents are complementary,it becomes an uphill task for the contractor to resolve conflicts/dispute amicably .Please share your experience.
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Feb 17, 2017 2:05 AM
Replying to Chandrashekhar Thatte
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The conflict/dispute has a cost element which is quantifiable and the contractor, in case of genuine claim, is able to demonstrate the impact on his planned/budgeted project cost by submitting cost analysis and supporting evidences .He is also in a position to argue his case and request for amendment to contract to include such additional cost . But some Clients have the tendency to take shelter under the such contract terms(Complementary) to argue/defend their stand to reject the claim.Thus it becomes an uphill task for the contractor to resolve conflicts/dispute amicably.
Thanks Chandra. I think you hit the nail on the head.
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The "complementary" clauses do not have standing unless they are explicitly stated (agreed to) or read into the contract by a court of law. Hopefully you can resolve the issue without going to court.
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1 reply by Chandrashekhar Thatte
Feb 19, 2017 11:59 PM
Chandrashekhar Thatte
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In India,these clauses find explicit mention in many contract terms and come handy to client to reject even the genuine claims.Contractor is left with no option but to arbitrate/litigate the matter.
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Feb 17, 2017 10:14 AM
Replying to Michael Ziyadeh
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The "complementary" clauses do not have standing unless they are explicitly stated (agreed to) or read into the contract by a court of law. Hopefully you can resolve the issue without going to court.
In India,these clauses find explicit mention in many contract terms and come handy to client to reject even the genuine claims.Contractor is left with no option but to arbitrate/litigate the matter.
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