Early Warning Signs of Claims on Hydropower Projects: Lessons from the Field

Hydropower projects are, by their nature, complex, interface-driven, and highly sensitive to external factors such as geology, weather, security conditions, regulatory constraints, and stakeholder coordination. While most contracts attempt to allocate risks clearly, the reality on site often evolves differently. This article draws on practical project experience to highlight how seemingly manageable delays can evolve into formal claims if early warning signs are not addressed. Based on experience from a hydropower project in South Asia, this article further highlights some of the early warning signs that, if not addressed in time, can escalate into formal claims and disputes. Project Context The project in question was a mid-sized hydropower development in South Asia with an original contractual duration of approximately three years. Like many such projects, it involved multiple interfaces, including civil works, electro-mechanical installations, and a separate transmission line…

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Drafting Acceleration Clauses 3

This is the third in a three-part series. The previous posts covered: Brainstorming to be carried out for drafting an acceleration clause Methodologies of achieving acceleration. Proving acceleration claim Standard acceleration clauses under FIDIC 1999, 2017 and NEC standard forms of contract Payment methodologies for acceleration.

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Drafting Acceleration Clauses 2

This is the second in a three-part series. The previous post discussed the brainstorming by the Employer for formulating an Acceleration clause. This post shall discuss payment modalities and how standard contracts deal with acceleration. Payment methodologies for acceleration may be: Fixed lump sum payment (lump sum amount or percentage of contract value). This payment may be conditional on the completion of deliverables by the revised dates with and/or Liquidated Damages. Payment of reasonable costs. This may be less risky to the Contractor than the first method but places a greater obligation on the Contractor to maintain accurate records and prove additional costs.

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Drafting Acceleration Clauses

This is the first in a three-part series on drafting acceleration clauses. This post will examine the considerations necessary before committing to an acceleration clause. I have been involved in a INR 2000 crore (US$250 million) Indian Public Sector EPC Project based on the FIDIC Silver Book 1999 (modified as usual by PCC - but not distorted), wherein we decided to include an Acceleration (Directed Acceleration) clause- a first in Indian Public Sector Construction Projects.

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FIDIC White Book – a brief overview Part 4

This is the final instalment of a four-part series on the FIDIC White Book. The previous posts have provided an overview of the White Book, an in-depth examination of changes from the 4th to the 5th edition, and a look at critical changes from 2006 to 2017. This post will complete the examination of critical changes in the 2017 edition.

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