Agreement vs Determination
In FIDIC contracts the Engineer must try to get the parties to agree the amount of additional payment and/or EOT to be granted for a Contractor's claim. If agreement between the parties is not achievable then the Engineer proceeds to make a fair determination as to the amount of additional payment and/or EOT to be granted in terms of the Contractor's claim.
For help creating and notifying agreement of a claim see Agreeing a claim.
📄 Download Contractor Claim flowchart for a view of the entire Claim process from the notice to agreement/determination
Locate the claim
Navigate to "Claims" in the Projects Explorer and select the claim you want to determine.
Launch the Perform Claim Action popup
Refer to the claim panel near the top right of the event/instruction the claim relates to and click the arrow in the "Next step" box to launch the "Perform Claim Action" popup.
Notify no agreement achievable
If you have not already done so you must first send a notice that the claim could not be agreed before you can proceed to determining the claim.
Select "Notify agreement of Claim not reached"
Enter any remarks you want to include in the notification that agreement could not be reached and click "Send"
Enlarge the preview and examine the notice C-COM has generated for you.
🔔 If you are not satisfied with the notice, close the popup then edit your remarks and preview the notice again.
Click "Send" to send the notice that agreement could not be achieved
Notify your determination
Refer to the claim panel near the top right of the event/instruction the claim relates to and click the arrow in the "Next step" box to launch the "Perform Claim Action" popup.
Select "Notify determination of Claim"
Create your determination
Click "New determination of Claim" to create your determination
The "Create Determination of Claim" form is pre-populated with the additional payment and EOT sought by the the contractor in their latest detailed claim (which is shown to the right of the form).
Adjust the additional payment and EOT to what you have determined.
Be sure to attach any supporting documents (e.g. minutes of meetings)
Click "Create Determination of Claim" to save your determination
🔔 At this point you have finished creating your determination but you have not yet notified it. You can come back to this screen later (your determination will still be here) and make changes or you can go ahead and notify your determination now.
Send determination
Click "Send" to proceed to the confirmation page
Enlarge the preview and examine the Notice of the the Engineer's Determination C-COM has generated for you.
🔔 If you are not satisfied with the notice of determination close the popup then edit the determination and preview the notice of determination again.
Finally click "Send" to finish
✅ You have successfully created and notified your determination of a claim.