Appropriate Claim Methoddology Of FIDIC Contract Under Covid-19 Outbreak

The year of 2020 was extraordinary for China,which the COVID-19 suddenly broke out in Wuhan and spread across the whole country at the beginning,and causing serious disasters to the people.The World Health Organization declared it a"Public Emergency of International Concerned Health Incident",Chinese International Engineering Contractors encountered huge difficulties in the supply chain of employee,equipment,and materials.However,after only one month,the overseas epidemic situation suddenly increased in an explosive manner.WHO Director-General Tan Desai announced that the COVID-19 has constituted a global pandemic.Till to 4^thMarch 2021,more than 140 countries and regions have successively adopted immigration control measures.The tough situation is very disadvantageous to China“Belt and Road”companies.The COVID-19 actually triggered the world’s worst economic recession since the“Great Depression”in the 1930s,which of impact should last for a long time.At the same time,it has also exacerbated changes in geopolitics and international relations.With more embarrassing situation,survival and development at overseas are more difficult than before.When claims made by contractors submitted,most of Engineer and Employer had made it clear that the COVID-19 does not meet the clause of Force Majeure and rejected directly.Under the sensitive environment,how the contractors choose appropriate claims angles and be effective making a"soft landing"claim for the COVID-19 has theoretical and practical significance for Chinese International Engineering Contractors.On the basis of theoretical guidance and practice,this article takes the 4th edition of 1987 and 1999 of the FIDIC Contract Red Book as example to study the situations and procedures for the establishment of a claim.In addition to referring to the"FDIIC COVID-19 Guidance Memorandum",combined with the SCL guidelines and Time Difference Attribution Theory which are generally accepted by the Engineer and Employer,analyzed the reasons why many contractors failed to claim on the grounds of Force Majeure.Two highway projects contracted in Africa are the research objects.According to the different situations of the project in the completion and suspension,comparison and analysis of how to effectively carry out the EOT and Cost Claims,finally comprehensively analyze the long-term epidemic situation and gives experienced advice.