On many occasions, not long after joining projects, I have heard the term "contractor's claims" being used. Upon questioning the use of this term, I discovered that what was being referred to was actually the Contractor's monthly interim "application" for payment and pointed out therefore that the use of the term "claim" in that context was not only misleading but incorrect.
However, under most Forms of Contract and certainly in the FIDIC forms, the term "Contractor's Claims" has an unequivocal and express meaning. It's simply that, where the Contractor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment under any Clause of the Conditions, he gives notice to the Employer, describing the event or circumstance giving rise to the "Claim" and thereafter complies with the procedures to be followed.
So, to clarify for those out there, a Contractor's normal monthly application for payment for Work executed and completed in accordance with the Contract is not a "contractor's claim"
Thanks for the clarification. Of course, there are other contract parties out there who feel it incumbent on themselves to manage a contract by its detailed terms and conditions without using the contract as a framework for a successful business relationship between two parties: see: http://dolphinsoftware.wordpress.com/2009/03/17/should-you-adhere-to-the-letter-of-the-contract-or-its-intent/
ReplyDeleteWhat on Earth is "Contract Lifecycle Management"?
ReplyDeleteIn my dictionary "Lifecycle" is defined as....
"the series of changes in the life of an organism, including reproduction", a world away from the management of construction projects?
My original post had nothing to do with business relationships,it was merely to educate certain engineer's misunderstanding of terms in contract documents, and in particular FIDIC Forms of Contract.