The claim orientation dissection in Iran and FIDIC consultant's contracts

Abstract

Extensive use of new project delivery systems and engineering important role followed by contractual types developments inside or outside of country increased the importance of providing identical internal and international contracts. These contracts prepared a standard framework for project risk and responsibilities allocation for both consultants and clients. This research aims to study general condition of Iran and FIDIC consultant's agreement to determine challenging clauses and conflict orientation in these contracts.Accordingly, after reviewing Iran and FIDIC client/ consultant agreements, comparison between contractual clauses has been carried on and important clauses with indemnity provision has been separated; which based on, claim source breakdown structure (CSBS) produced. Compensate receiver and indemnity type for those clauses has been set according to Iran and FIDIC consultant's general condition; followed by comparing between two contract clauses and analytical analysis. Consequently, a complete list of important clauses with indemnity provision related to consultants and clients determined and classified in terms of cost, time, scope and contractual claim's reasons. The results show higher contractual risks and most claims ensue of cost's conflicts for consultants in internal contracts. Recommended suggestion for Iran and FIDIC client/ consultant agreement are provided based on this study results and expert's ideas.

Keywords

• claim
• claim orientation
• consultant services
• iran consultant general condition
• fidic client/consultant agreement