The purpose of this article is to explore the claims module within the FIDIC contract type in CEMAR, navigating the register and explaining how to create and reply to claims and detailed claims.
Video content is available below.
The below article is based upon the FIDIC contract type and the terminology reflects this. Certain actions may be unavailable if you do not have the appropriate permissions. Please speak with your Superuser if this is the case.
To access the register, firstly navigate the to left-hand expandable menu and select Registers followed by Claims.
Each event will be in one of the following states;
i) Draft – the claim is yet to be communicated (only visible to the Contractor’s Party)
ii) DC Submitted – a response is pending or not required by the Employer
iii) Awaiting DC – awaiting a detailed claim to be submitted by the Contractor
iv) Closed – implemented
v) Disapproved – claim has been rejected by the Employer
Once a detailed claim (DC) or Employer's Representative's Determination (ERD) has been submitted against a claim, a plus sign will appear in the far left column. When selected, this will expand the event to show further details:
As well as a reference number for each event, claims are also given a change control reference, which is located in the CC Ref column.
If the tick box in the column TBD is selected, this indicates the Employer has made their intent to assess the claim.
At the bottom of register there is a totals bar that displays the total values (price and days) of implemented claims (blue text) and current estimations (black text):
Start by navigating to the left-hand expandable menu and selecting Create New followed by Claim.
This will open a new window in which you may enter the title, type and details of the claim. The fields highlighted in red below are required to be filled in before the event can be communicated:
Once this has been completed, select Send / Progress to communicate the event.
This will automatically create a draft detailed claim which can be located in the Detailed Claims / ERD tab within the claim:
This will also now appear within the change control register, as identified by the claim's new CC reference.
This will now also be visible within the Employer’s reminders page to prompt a response.
The event will also appear in the Contractor’s reminders to prompt the submission of a detailed claim.
Once a claim is communicated, a draft detailed claim is automatically created and will appear in the Contractor’s reminders.
To submit the detailed claim, navigate to the Detailed Claims / ERD tab within the original claim and click on the draft event to open it.
You will then be displayed with the below edit form in which you can enter the type, details and impacts of the claim. The fields outlined in red below are mandatory:
The impact on value and days may be set as zero if required.
Selecting Interim Claim or Final Claim opens different options for the Employer to select once the event is communicated.
Selecting Send / Progress will communicate the detailed claim and it will now appear in the Employer's reminders.
When a claim is communicated by the Contractor, a reminder will appear in the Employer’s reminders page.
Selecting the event from the reminders page, or entering it from the claims register will open the original claim for the Employer to evaluate.
To reply to the claim, navigate to the Response tab.
Within this tab there are four options to choose from:
ii) Response not required – this will disable the response tab
iii) Not valid as Claim notified later than 28 days – this also disables the response tab
iv) Instruct enhanced records – this instructs the Contractor to submit further details
When a detailed claim is communicated, a reminder will appear in the Employer’s reminders.
To enter the detailed claim, you may either select it from the reminders page or navigate to the claims register and open the claim.
Navigate to the Detailed Claims / ERD tab and select the detailed claim:
Within the detailed claim, open the Reply tab.
To discuss the due date, select the Discuss Due Date button on the right-hand side of the window:
This will open a new window in which the Employer can select whether to discuss or change the due date:
Please note that the Employer may discuss and extend a due date, however, the Contractor only has the option to discuss it.
To reply to the detailed claim, navigate back to the Reply tab.
There are a number of options to choose from and this varies on the type of claim it is:
ii) Approve in principle with comment – awaiting final claim
iii) Disapproval with comment – disapproves the claim and supersedes
ii) Approve and agreed – implements the claim and the status update within the register
iii) Approve in principle and give notice will determine
iv) Disapproval with comment