As
contracts are written down for construction projects, along with the causes of
delay that could arise, there is another important aspect that to consider. The
"force majeure" events. Although the events themselves may be
unpredictable, their occurrence is predictable and under consideration in the
contract stage.
UAE’s
construction projects are at an all-time high as area develops. In the case of
a "force majeure" event occurring in UAE's construction projects, the
dealing is different from those in case of other delays. Where some delays
assessed may result in compensation of time and cost, others may involve only
the compensation of one factor.
The most
meticulous planning for determination of claims in construction projects in the
region requires expertise in the area. Something that only the best construction claims consultants Dubai
can provide. The following article aims to define FM events in detail and
analyze their presence in a construction claim.
Types Of Construction Delays
The
construction delay analysis allows the analysis of three major types of delays along with other basic delays:
- Non-excusable (NE); where the contractor is responsible and is not entitled to any delay damage recovery or to the extension of time. The contractor may also be held accountable for the owner’s delay damages.
- Excusable compensable (EC); delays caused by owners and allow contractors time extension and damages for the delay.
- Excusable non-compensable (EN); delays not caused by either owner or contractor. They allow contractors an extension of time but not the delay related costs. The project extension duration is the same as the delay duration without any extra charges. The events causing the delays result from "force majeure" events.
What Are "Force Majeure"
Events?
Events that
can be categorized into force majeure events are specified in the initial
contract and may include events such as floods, earthquakes, war, storms,
freight embargoes, acts of enemy or government, change in the law, etc. The
type of events included may differ from one contract to another.
The
occurrence of these events, if delays the project, only the delay duration is
compensated for. The delay damages compensation isn't possible for either
contracting parties. In some cases, however, such an event may be converted
into a compensable delay.
However,
experts in the matters of delay emphasize that an event that could have been
avoided by planning of the other parties should be compensated for by the
innocent party. In case a delay occurred due to the carelessness of the other
party, compensation should be made to the innocent party.
Despite the
many arguments calling for compensation of costs in case of occurrence of “force
majeure" events, the problem lies with the assessment of the delays.
Comprehensive assessment of delay claims and the effect of delay issues are
still lacking practice.
Although
the standards used today help with the successful resolution of claims,
however, there is little consideration
given to the responsibility of dragging work through the time of unpredictable
events. These events have held major
importance however a lack of awareness in delay analysis and very few cases in
construction-related litigation makes compensation terms still confusing.
Construction Delays And Force
Majeure
In the
construction contract, the force majeure terms exclude any liability in the
case of an unforeseen event preventing completion of contract terms.
"Force Majeure" refers to an event that is “exceptional,” not under
control by the parties and is an event that couldn’t be planned for before
signing contracts.
What's
more, is that the Force Majeure events exclude events that could be avoided or
overcome, and includes those that can’t be “substantially “ piled on to the other parties. Any time an
event falls into the two mentioned criteria, time extension without
delay-damages may be granted.
Take Away!
Considering
the unpredictable nature of Force Majeure events and the arguments associated
regarding compensation of damages it’s important to hire relevant expert construction
claims consultants Dubai to help out with the claims process! It’s not
something your company can do alone!
With years
of experience in the industry, the best consultants can make the whole process
from start to finish easier, for you and your pocket!
I want to share with you all here on how I get my loan from Mr Benjamin who help me with loan of 400,000.00 Euro to improve my business, It was easy and swift when i apply for the loan when things was getting rough with my business Mr Benjamin grant me loan without delay. here is Mr Benjamin email/whatsapp contact: +1 989-394-3740, lfdsloans@outlook.com
ReplyDelete