11.5. CLAIMS, DISPUTES RESOLUTION BOARD (ICB)

Clause 13 of the Conditions of Contract sets out the process associated with issuance of Variation Orders. Variation Orders are initiated either by the Engineer (through an instruction or by a request) or by the Contractor through a Value Engineering proposal. By implication therefore, any change to the work which is not initiated as a Variation Order (under Cl 13) must be processed as a Claim, and if not resolved as a Claim, then as a Dispute. It is important to recognise that Claims can be initiated either by Contractor or by Employer, for deratil refer▬►FIDIC, Multilateral Development Bank Harmonized Edition March 2006, Clause 13: VARIATIONS AND ADJUSTMENTS.

Accordingly, any issue which the Contractor (or Employer) wishes to initiate which is not a Variation under Cl 13 must follow the procedures and time frame as set out in Cl 20 of the Conditions of Contract. The following is a brief summary of the requirements of Cl 20, for details please refer▬►FIDIC, Multilateral Development Bank Harmonized Edition March 2006, Clause 20: CLAIMS,DISPUTES AND ARBITRATION, Sub-Clause-20.1: Contractor’s Claims: