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

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 an...

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Autores principales:	Majid Parchami Jalal, Sanaz Farshad
Formato:	article
Lenguaje:	FA
Publicado:	Iranian Society of Structrual Engineering (ISSE) 2018
Materias:	claim claim orientation consultant services iran consultant general condition fidic client/consultant agreement Bridge engineering TG1-470 Building construction TH1-9745
Acceso en línea:	https://doaj.org/article/d204f6b0d21d48bfbcb41c0294536f47
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spelling	oai:doaj.org-article:d204f6b0d21d48bfbcb41c0294536f472021-11-08T15:50:58ZThe claim orientation dissection in Iran and FIDIC consultant's contracts2476-39772538-261610.22065/jsce.2017.75051.1062https://doaj.org/article/d204f6b0d21d48bfbcb41c0294536f472018-11-01T00:00:00Zhttps://www.jsce.ir/article_51112_04d0b2567b16c965b4674c4645628c0a.pdfhttps://doaj.org/toc/2476-3977https://doaj.org/toc/2538-2616Extensive 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.Majid Parchami JalalSanaz FarshadIranian Society of Structrual Engineering (ISSE)articleclaimclaim orientationconsultant servicesiran consultant general conditionfidic client/consultant agreementBridge engineeringTG1-470Building constructionTH1-9745FAJournal of Structural and Construction Engineering, Vol 5, Iss شماره ویژه 3, Pp 16-36 (2018)
institution	DOAJ
collection	DOAJ
language	FA
topic	claim claim orientation consultant services iran consultant general condition fidic client/consultant agreement Bridge engineering TG1-470 Building construction TH1-9745
spellingShingle	claim claim orientation consultant services iran consultant general condition fidic client/consultant agreement Bridge engineering TG1-470 Building construction TH1-9745 Majid Parchami Jalal Sanaz Farshad The claim orientation dissection in Iran and FIDIC consultant's contracts
description	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.
format	article
author	Majid Parchami Jalal Sanaz Farshad
author_facet	Majid Parchami Jalal Sanaz Farshad
author_sort	Majid Parchami Jalal
title	The claim orientation dissection in Iran and FIDIC consultant's contracts
title_short	The claim orientation dissection in Iran and FIDIC consultant's contracts
title_full	The claim orientation dissection in Iran and FIDIC consultant's contracts
title_fullStr	The claim orientation dissection in Iran and FIDIC consultant's contracts
title_full_unstemmed	The claim orientation dissection in Iran and FIDIC consultant's contracts
title_sort	claim orientation dissection in iran and fidic consultant's contracts
publisher	Iranian Society of Structrual Engineering (ISSE)
publishDate	2018
url	https://doaj.org/article/d204f6b0d21d48bfbcb41c0294536f47
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The claim orientation dissection in Iran and FIDIC consultant's contracts

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