Construction Clinic 34 | 26-03-26

In this Construction Clinic, Andy Hewitt, Kumares Sivaram and Ajit Mishra take questions related to construction contracts and claims. BECOME A MEMBER: www.instituteccp.com/membership ______________________________________________________________ The webinar addresses a range of practical and technical questions arising from FIDIC contracts (primarily the Yellow and Red Books, 1999 and 2017 editions), covering the following key topics: Unforeseeable Physical Conditions (SC 4.12) — Whether a contractor can invoke this clause during the design stage when geotechnical investigations reveal soil conditions differing from the Employer's Requirements, or whether it applies only once construction activities begin on site. Continuing Effect Claims (SC 20.2.6) — How the Engineer processes interim, update, and final claims under SC 3.7, and whether each submission triggers a separate determination or only the final claim does; with a comparison to the 1999 FIDIC provisions. Time-Barred Notices of Claim (SC 20.2.2 & 20.2.4) — How a Notice of Claim initially deemed time-barred by the Engineer can become valid by default if the Engineer fails to respond within the 14-day window. Dispute Board Referral Procedures — A step-by-step walkthrough of the process a contractor must follow when referring a claim to a Dispute Board. Force Majeure vs. Disruption Claims — A practical clarification of the distinction between these two claim types, aimed at demystifying Force Majeure for those less familiar with contract terminology. Legal Validity of a Contract After an Elapsed Completion Date — Under the Red Book, what happens to the contract's validity and what the legal implications are when an Engineer-granted Extension of Time has not been formalised by the Employer through an addendum. Changes in Legislation Claims (SC 13.7, Yellow Book 1999) — Whether a contractor is entitled to recover costs associated with Ireland's Automatic Pension Enrolment Act, enacted shortly after contract commencement, where the Engineer argues the legislation was foreseeable based on its parliamentary timeline. Rate Adjustment Under Clause 12.3 (FIDIC 2010) — A practical example examining whether a contractor is entitled to new rates when asphalt wearing course quantities increase significantly (from 7,500 to 28,000 m³), with a breakdown of the four-part threshold test that must be satisfied.