Comments On Employer's Claims Under FIDIC Contract Conditions

As China's market economy continues to move forward, China's construction market is constantly expanding. At the same time, the deepening of reform and opening up together with China's accession to WTO make our construction industry more and more standard international and open. On the one hand a lot of well-known foreign contractors are trying to enter our construction market in the hope of having a share of this market. On the other hand China's construction enterprises have contract a lot of international projects.Foreign contractors have good project management experience and a well sense smell of claims. This will give our native employers tremendous pressure towards their construction management.Moreover, China's construction enterprises have gained many management and claim experiences through international construction. This will also bring some challenges to the employers.Therefore, faced up with the dual pressures from both the foreign and domestic contractors, the employers should take measures to improve the management level in order to address these challenges. One of these effective measures should launch claims against the contractor. In view of our employer's claims is at the initial stage, therefore, research, learn, absorb the FIDIC contract conditions will be of great significance to our employers.This paper bases on the FIDIC contract conditions and includes four parts.The first part outlines the concept, characteristics, classification and effect of employer's claims. This part makes a whole introduction of employer's claims so as to facilitate the readers to understand the following part.In the second part the constituent elements of the employer's claims and evidence are analyzed. The analysis of the constituent elements of employer's claims is some innovative, because current monographs, journals do not include this analysis. The third part of the paper analyses what the employers are asking for in the claims and by which FIDIC term can they conduct their claims in order to help employers to control their management risks.The last part of the paper analyses the procedure of employer's claims and safeguard measures of obtaining damages after winning the dispute. The safeguard measures do have some novelty because no one had ever made a careful study on that.