David Kinlan

In the past decade, there have been noteworthy advances in case law with respect to adverse physical conditions as well as the development and use of digital ground models that have become more widespread. This article looks at the development and changes in risk profiles that may result due to these two developments.

Variations have the potential to generate substantial extra costs and pose significant delay and disruption to a dredging project.
Moreover, the valuation of a variation can be a contentious issue between contracting parties.The issue for the engineer in valuing a variation is usually the extent to which the varied work matches the character of that in the original contract rates and prices. With respect to the costs of dredging, as these are capital intensive, the discussion on how to value… Show more

Variations have the potential to generate substantial extra costs and pose significant delay and disruption to a dredging project.
Moreover, the valuation of a variation can be a contentious issue between contracting parties.The issue for the engineer in valuing a variation is usually the extent to which the varied work matches the character of that in the original contract rates and prices. With respect to the costs of dredging, as these are capital intensive, the discussion on how to value varied works almost always turns to the
valuation of the cost of the vessel itself. Show less

The FIDIC Conditions of Contract of the future – based on using a fair and reasonable risk allocation – will become essential as increasingly complex contracts will be needed to tackle global macro-economic issues.

Despite significant improvements in the past thirty years in precision of the dredging process and accuracy of hydrographic survey information overdredging is still an inherent part of dredging. Both port developers and contractors alike have to deal with the allowance for dredging beyond the Client’s design dredge depth. The two issues of dredging to design only and the operational capabilities of the dredge equipment and (unavoidable) overdredging need to be considered. Clear wording is… Show more

Despite significant improvements in the past thirty years in precision of the dredging process and accuracy of hydrographic survey information overdredging is still an inherent part of dredging. Both port developers and contractors alike have to deal with the allowance for dredging beyond the Client’s design dredge depth. The two issues of dredging to design only and the operational capabilities of the dredge equipment and (unavoidable) overdredging need to be considered. Clear wording is required in contract documentation to deal with this aspect and in particular whether the
overdredge volume is paid or included in the Contractor’s rates and prices. Disputes can and do arise when dealing with overdredging caused by the lack of clarity in the contract’s technical specifications and Preambles. Show less

From the perspective of the major international dredging contractors, the dire consequences of encountering “adverse physical conditions” during a dredging project have long been obvious. Also obvious has been the lack of literature examining the “unforeseeability”of these conditions from an engineering and contractual perspective. This book aims to assist those practitioners who have to formulate, manage or otherwise wish to avoid claims for adverse physical conditions on marine infrastructure… Show more

From the perspective of the major international dredging contractors, the dire consequences of encountering “adverse physical conditions” during a dredging project have long been obvious. Also obvious has been the lack of literature examining the “unforeseeability”of these conditions from an engineering and contractual perspective. This book aims to assist those practitioners who have to formulate, manage or otherwise wish to avoid claims for adverse physical conditions on marine infrastructure projects. Not all physical conditions of the site will be discovered until the operations are actually underway. And once they are encountered, these adverse physical conditions can be the source of costly conflicts. Even though, with hindsight, most are found to be unforeseeable and unavoidable. How can we best deal with these unforeseeable conditions? How can contractors and clients avoid lawyers, claims and recourse to the courts to solve disputes? All these subjects are touched upon in this book. Show less

From the perspective of those involved in the marine infrastructure industry, the dire consequences of encountering, “differing site conditions” or otherwise known as “adverse physical conditions” or “latent conditions” during a project have long been obvious. Marine civil engineering projects of all sizes continued to be plagued by encountering such unforeseen conditions. There is a distinct lack of literature examining the “unforeseeability” of these conditions from an engineering and… Show more

From the perspective of those involved in the marine infrastructure industry, the dire consequences of encountering, “differing site conditions” or otherwise known as “adverse physical conditions” or “latent conditions” during a project have long been obvious. Marine civil engineering projects of all sizes continued to be plagued by encountering such unforeseen conditions. There is a distinct lack of literature examining the “unforeseeability” of these conditions from an engineering and contractual perspective.

The book “Adverse Physical Conditions and the Experienced Contractor” authored by David Kinlan and published by Delft Academic Press ISBN : 97890-6562-327-0 takes a critical look at how to escape the worst pitfalls of site investigations and – when an adverse physical condition is discovered – how to make the best of a “bad” situation. Show less

Escalation refers to a provision in a contract which calls for an adjustment in price in the event of an increase or decrease in certain costs. Escalation clauses are becoming increasingly common in dredging contracts as a means to cover unexpected costs resulting from fluctuations in the prices for raw materials, fuel and labour during the course of the construction project.

The assessment of a Project’s soil conditions is the most important factor to determine dredgeability, the choice of suitable equipment, production rates and ultimately the associated costs for the dredging works. The basic principle of “adverse physical conditions” is whether or not they are foreseeable and whether or not there is a contract clause that will give the contractor the right to claim for additional time and money in case unforeseeable physical conditions occur, which were not… Show more

The assessment of a Project’s soil conditions is the most important factor to determine dredgeability, the choice of suitable equipment, production rates and ultimately the associated costs for the dredging works. The basic principle of “adverse physical conditions” is whether or not they are foreseeable and whether or not there is a contract clause that will give the contractor the right to claim for additional time and money in case unforeseeable physical conditions occur, which were not reasonably foreseeable by “an experienced contractor, Show less

Vesting of Plant refers to the transfer of ownership or title of the Contractor’s Equipment from the Contractor to the Employer for the period the Equipment remains on the Site. It may even include the right to sell the Equipment to recover monies as a debt due.

The first phase of one of Malaysia’s most ambitious new port facilities came on stream in January 2000.
Its location: Malay peninsula’s most southern tip in the State of Johor, close to the new Malaysia-Singapore Second Crossing, a new 1800-metre bridge linking Singapore with Malaysia’s main traffic artery.