Howard Kennedy Partners, Joanne Clarke and Victoria Tyson, have contributed to Global Arbitration Review’s (GAR) Sixth Edition of The Guide to Construction Arbitration, writing Claims resolution procedures in construction contracts in Part II: Dispute resolution for construction disputes of the edition.

The article discusses how claims arise, are handled, and resolved in construction contracts under the FIDIC Conditions of Contract. It explains that claims are a normal part of construction projects and can arise from delays, changes in scope, or defective work. The article compares the procedures outlined in the 1999 and 2017/2022 editions of the FIDIC Red Book, noting changes in notice requirements and the role of the Engineer. It emphasizes the importance of effective contract management, including timely communication, proper documentation, and adherence to notice periods. The Engineer plays a key role in facilitating agreement or making determinations, although their impartiality may be questioned. The article also highlights the need for cultural awareness in claims handling and stresses that accurate records are often more persuasive than witness testimony.

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