Barry Murphy

Extension of Time (EoT) claims remain one of the most complex aspects of construction contract administration. Under FIDIC 2017 Yellow Book, the Engineer plays a decisive role in ensuring fairness, neutrality, and strict procedural compliance. This Engineer’s Step-by-Step Procedure for Processing EoT Claims (FIDIC 2017)—a practical guide based on Sub-Clauses 20.2.1–20.2.5, 3.7, and 8.4. My goal is to share a clear, neutral roadmap that practitioners can rely on in real projects.

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In my daily work managing FIDIC contracts, I’ve often noticed confusion around the distinction between Claims and Variations, as well as the correct procedures for each. While plenty of resources exist - articles, flowcharts, commentaries - most are either too complex or don’t provide clear, step-by-step guidance, and distinction between both. 😕 The chart I’m sharing illustrates the contractual process for Claims and Variations under the FIDIC Red Book 1999 edition, in a simplified and practical format. If you’ve faced similar challenges, I hope this visual can support your work as it does mine. You're welcome to share your experience or suggest any amendments to the chart. #FIDIC #ContractsManagement #ClaimsManagement #ConstructionContracts #RedBook1999 #Variations

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The NEC contract has hidden demand on delay analysis that many simply don’t see 🔎 Under the NEC, delay and entitlement must be assessed prospectively. That means live, contemporaneous updates. Time Impact Analysis is expected but one thing is for sure, disputes don’t always stay neat. When multiple events collide, retrospective analysis may still be required. Swipe through our high-level guide below for guidance, including keeping records tight, programs current, and never assume a prospective-only view will carry you through. Projects change, but evidence endures. #delayexpert #Construction #AustralianConstruction #ConstructionClaims #QuantumExpert #QuantitySurveying #ExpertWitness #ForensicQS

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Defects Liability and Latent Defects in Construction Contracts The distinction between defects liability and latent defects remains a critical feature of modern construction contracting. The Defects Liability Period (DLP), commonly set between 12 and 24 months following completion, obliges the contractor to rectify notified defects at its own cost. This mechanism serves as a short-term safeguard for the employer, ensuring operational continuity without immediate maintenance expenditure. By contrast, latent defects those not reasonably discoverable at completion extend beyond the DLP and are governed either by express contractual terms or by statutory limitation periods. These defects, often structural or concealed, present long term risks to project integrity. While employers seek extended protection, contractors are justifiably reluctant to assume indefinite liability. Consequently, the emergence of insurance-backed warranties and latent defects insurance has become a practical means of risk management.

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I had the pleasure of presenting at the SCL (Gulf) event this week in Abu Dhabi. There was some BIM myth-busting during the talk with the most important takeaways: 1. BIM is not a panacea to projects (O&G or otherwise). Nothing is. 2. BIM will be making its way into the construction world at a higher rate (with the use of AI). 3. BIM is not as expensive as one might think! Thank you to Connor Curran, Alison Eslick and David Hume for organising and to Sarah Keyte and Paul Sills for lending their expertise on the panel.

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