Lane, P M M (2009) The nature of claims: managing the risks. Proceedings of Institution of Civil Engineers: Management, Procurement and Law, 162(4), pp. 185-190. ISSN 17514312
Abstract
A claim is commonly regarded as a four-letter word which draws the line in the sand between the contactor and the employer. This paper examines the nature of claims and the essential function they play in the construction industry in maintaining or restoring the balance of the risks assumed by the parties contractually. It looks at and compares various provisions of Fidic contracts and examines the importance of the choice of contract and how risks are apportioned between the parties and managed. It concludes that if employers and contractors have a proper appreciation of the nature of claims and the importance of the management thereof, the climate for the proper administration of the contract will have been established.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | contracts and law |
| Index terms: | FIDIC, sand, construction industry |
| Subjects: | standard forms of contract, building materials, industry analysis |
| Topics: | Research Practice, Procurement, Engineering Principles |
| Descriptive scope: | 2 PT |
N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here