ICCP Online Conference: Coming September 2023

We are delighted to announce that the ICCP will deliver its first conference this year: Construction Claims and Dispute Avoidance: How to Achieve Successful Outcomes Date: 20th September Time: 9:00am - 1:00pm BST This conference is for professionals who work in the specialist area of construction claims. Whether you work for a developer, a contractor, a consultant or within the legal profession, your priority is always to achieve a successful outcome for your claims. How can we establish effective contract administration processes for claims? How can we create good project management strategies to avoid claim situations? If we do find ourselves in a claim situation, how do we compile and deliver a well-substantiated claim? How do we put ourselves in the best position to settle at project level and avoid disputes? We will bring top experts together to discuss all these topics and much more. Invest half a day of time; leave with clarity and new perspectives to help you achieve…

Read More


Legal and Contractual Interpretation of Construction Contract Time Bar Clauses Part 3

This is the third in a three-part series. In the previous posts, the time bar clauses of FIDIC and Indian construction contracts were compared, the differences between FIDIC and Indian contracts were examined, as well as how Common Law has evolved to favour the implementation of these clauses. In this post, we shall examine the treatment of time bar clauses in India. Contractual Time barring of claims is a relatively recent inclusion in Indian contracts. CPWD has no such clause and NHAI EPC contracts has these time bar provisions for EOT, change in law, Force Majeure, and Termination due to Authority’s default. Some state agencies have copied these clauses in a distorted fashion to be all-encompassing for all claims, including variations with a reduced time frame. Leading Indian Cases Chandigarh Constr Co. v State of Punjab - SCI ruled that such condition precedent cannot be considered as a statutory bar for the claim. Though the clause indicates that if such a claim is not made, it…

Read More


Legal and Contractual Interpretation of Construction Contract Time Bar Clauses Part 2

This is the second in a three-part series. In the previous post, the time bar clauses of FIDIC and Indian construction contracts were compared. Making timely notice and/or submission of a detailed claim as per the time limit given in the contract as a condition precedent to entitlement to claim. This post will consider the fine-line differences between the time bar clause of FIDIC Sub-Clause 20.1 (Contractor’s Claim) (1999 Edition) and Sub-Clause 20.2 (Notice of Claim) (2017 Edition) and Indian contracts. Additionally, we shall examine the validity of time bar clauses under Common law keeping in view the Prevention Principle and good faith clauses. FIDIC vs. Indian Construction Contracts FIDIC Sub-Clause 20.2 (Notice of Claim) (2017) lays down time bars for notices and a detailed claim pertaining to EOT and/or additional costs (and loss of profit in some cases) for all types of excusable and/or compensable delays and/or disruption, but not for variations. Claims for variations…

Read More


Legal and Contractual Interpretation of Construction Contract Time Bar Clauses

Over the next few posts, we shall examine how the legal and contractual interpretation of certain construction contract clauses in India is a bit different as compared to the UK and other common law countries; despite India being a Common Law jurisdiction and following the UK in most legal judgments. Issue 1- Time Barring of Claims According to the 1999 Edition of the FIDIC Red Book Sub-Clause 20.1 (Contractor’s Claims): “If the Contractor fails to give notice of a claim within such period of 28 days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Employer shall be discharged from all liability in connection with the claim.” Sub-Clause 20.2 (Appointment of the Dispute Adjudication Board) of the 2017 edition of the FIDIC Red Book lays a further time bar on the claim: “….If within this time limit (84 days) the claiming Party fails to submit the statement under sub-paragraph (b) above (detailed claim), the Notice of…

Read More


Advice on Mark-Ups

Change management is crucial to projects proceeding smoothly. It depends on communication, recognition of entitlements as to principles, and evaluation of price adjustment. This article will examine mark-up agreements and their role in change management. Some costs, while undoubtedly arising, are hard to estimate. It could be Head Office overheads, change management costs, margins and profit, or savings share. These are often resolved by making contractual agreements through so-called mark-up clauses. Such clauses make change evaluation easier. The usual method is to relate the mark-up rate with the direct value of change. But this can be complicated. What kind of costs should be included? What should be done with de-scopes or time-extending changes? Examples of Marked-up Costs  Typical categories included in mark-up clauses include profits, head office overheads, site overheads, change management costs, contingencies for risk, and share of savings. Some contracts may add fixed…

Read More