DELAY CLAIMS FIDIC

Using FIDIC Yellow Book we had to investigate if the Contractor does have entitlement for the delay claim.

  •   PROJECT:

    METRO RAIL, SAUDI ARABIA

  •   CONTRACT:

    FIDIC YELLOW BOOK

  •   CONSULTANT:

    FRANS TALJAARD

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PROBLEM RECEIVED:

TDS was requested to investigate if the Contractor does have entitlement for the claim. The Employer delayed the project by not approving the Building Management Systems (BMS). The Contractor in its Programme had approved dates for approval of the BMS activities to start.


THE PROCESS & SOLUTION:

TDS received the Baseline Programme and current revisions from the Contractor. The Forensic Delay Experts from TDS inserted all known delays (Contractor & Client) into the schedule. The contract protocols asked for recognized methods for instance the Window Sliced method to isolate delay events and fragments.

TDS joined the Contractor in meetings with the Engineer and its Delay Analysis Consultants to ensure the process continues with transparency. Working together with the Client ensuring the correct amount of delay days were calculated for extension and prolongation costs.

TDS compiled a claim document to ensure the link between the Cause of delay and the Effect on the Critical path of the Schedule, is explained clearly and correctly.

Together with the approved delays, TDS compiled a Prolongation Cost Claim.

THE BENEFIT:

The Contractor and the Engineer shared the responsibility to look at the claim in a fair and structured manner. After the entitlement was established, the amount of delay could be established. This gave way to claim for actual prolongation cost.

The Contractor, the Engineer and the Client were happy with this methodology to get to a fair determination of the claim.