Case Studies
Jun 30, 2023

Strategy for Effective Claim Management Based on a FIDIC Derivative Contract

Publication: Journal of Legal Affairs and Dispute Resolution in Engineering and Construction
Volume 15, Issue 4

Abstract

Jaggran-II hydroelectric project (JHPP-II), designed to produce 48 megawatts of green energy, is one of the largest projects constructed along the Jaggran hydel river energy corridor to contribute to renewable power generation in Pakistan. The contract agreement regime of JHPP-II is not administered through the famous Silver Book. Instead, it derives from the Silver Book authored by the financing agency itself. Incomplete data collection during the feasibility stage and a slow and inadequate land acquisition process led to several major design changes, resulting in cost and time overrun. This case study investigates the reasons for the dispute on an extension of time (EOT) between the employer and contractors. A retrospective delay analysis approach was adopted to ascertain the prolongation claim by collecting data from the project event logbook with short interviews of key project stakeholders. The study suggests an effective strategy to handle efficiently complex contract cases with multipartners on the consultants’ and contractors’ sides while taking benefits in favor of the contractor from the shortfalls in nonstandard Fédération Internationale Des Ingénieurs-Conseils (FIDIC) contract clauses.

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Data Availability Statement

All data, models, or codes supporting the findings of this study are available from the corresponding author upon reasonable request.

Acknowledgments

The authors express their gratitude to Engr. Mohammad Kamran and Engr. Qasim Raza (Former Contract Managers, JHPP-II) and Engr. Arsalan Khalid (Former Planning Engineer, JHPP-II) for his input and support in this study.

References

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Information & Authors

Information

Published In

Go to Journal of Legal Affairs and Dispute Resolution in Engineering and Construction
Journal of Legal Affairs and Dispute Resolution in Engineering and Construction
Volume 15Issue 4November 2023

History

Received: Aug 7, 2022
Accepted: Apr 20, 2023
Published online: Jun 30, 2023
Published in print: Nov 1, 2023
Discussion open until: Nov 30, 2023

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Authors

Affiliations

Project Manager, Frontier Works Organization, 509-A Kashmir Rd., Rawalpindi 42020, Pakistan (corresponding author). Email: [email protected]
Ashraf Hussain [email protected]
Project Manager, Frontier Works Organization, 509-A Kashmir Rd., Rawalpindi 42020, Pakistan. Email: [email protected]
Assistant Professor, Construction Engineering and Management Dept., Univ. of Houston, Houston, TX 77204. ORCID: https://orcid.org/0000-0003-0768-2887. Email: [email protected]

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