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22 Associations

limitunderSub-Clause 20.2.1 Sub-Clause 21.3: Avoidance of Disputes Sub-Clause 21.7
[Notice of Claim], any evidence of
the other Party’s prior knowledge “If the Parties so agree, they may “In the event that a Party fails to comply
of the event or circumstance jointly request (in writing, with a copy with any decision of the DAAB, whether
giving rise to the Claim, which the to the Engineer) the DAAB to provide binding or final and binding, then the
claiming party may include in its assistance and/or informally discuss other party may, without prejudice to
supporting particulars; and/or and attempt to resolve any issue or any other rights it may have, refer the
• In the case of the time limit under disagreement that may have arisen failure itself directly to arbitration under
Sub-Clause 20.2.4 [Fully detailed between them during the performance Sub-Clause 21.6 [Arbitration] in which
claim], any evidence of the other of the Contract. If the DAAB becomes case Sub-Clause 21.4 [Obtaining DAAB’s
Party’s prior knowledge of the aware of an issue or disagreement, it Decision] and Sub-Clause 21.5 [Amicable
contractual and/or legal basis may invite the Parties to make such a Settlement] shall not apply to this
of the claim, which the claiming joint request.” reference. The arbitral tribunal… shall
Party may include in its supporting have the power, by way of summary
particulars “Such joint request may be made at any or other expedited procedure, to order,
time, except during the period that the whether by interim or provisional
Claims of continuing effect, sub-clause Engineer is carrying out his/her duties measure or an award (as may be
20.2.6: under Sub-Clause 3.7 [Agreement or appropriate under the applicable law
Determination] on the matter at issue or otherwise), the enforcement of that
• The detailed claim shall be interim. or in disagreement unless the Parties decision”
• In respect of the first interim otherwise agree…
detailed claim, the Engineer shall Conclusion
respond by a Notice. “Such informal assistance may take
• The claiming party shall submit place during any meeting, Site Visit or • Much more detail has been added
further fully detailed claims at otherwise. However, unless the Parties but the substance is much the same.
monthly intervals setting out the agree otherwise, both Parties shall be • The Engineer is going to have
accumulated amount of additional present at such discussions. The Parties an important role to play in
payment claimed/EOT claimed/ are not bound to act on any advice given the management of claims and
extension of the DNP claimed. during such informal meetings, and the disputes.
• Within 28 days of the end of the DAAB shall not be bound in any future • It will be interesting to see how the
continuing claim, the claiming Dispute resolution process or decision industry responds to these new
party shall submit a final claim. by any views or advice given during the contracts.
This should give the total amount informal assistance process, whether
claimed/total EOT/total DNP. provided orally or in writing.” Abdul-Lateef Jinadu MA LLM FCIArB
(BIARB Fellow)

www.biarb.org

Phone: 3115867
E mail: treasurer@biarb.org or
Chairman@biarb.org

Issue 22 - Jun/Jul 2019 www.engineermagazine.co.bw www.engineermagazine.co.bw Issue 22 - Jun/Jul 2019