ITB-Part 03, Employer’s Requirement Consultancy Service for FIDIC Contract and Claim Specialist

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3. EMPLOYER’S REQUIREMENT

Terms of Reference for Consultancy Service for development of 132KV Electrical Network in Hulhumale’

1.0 Background

The development of Hulhumalé is one of the most ambitious projects undertaken by the Government of Maldives, which is also one of the largest land reclamation and infrastructure development projects in the country, completely capitalized and managed by Housing Development Corporation Limited. Acting as the master developer of Hulhumalé, Housing Development Corporation (HDC) is a 100 percent state-owned enterprise with the mandate of undertaking housing, commercial and key economic developments, creating opportunities for better homes, health, employment and education in the newly developed city in Maldives.

HDC is currently managing major construction projects in housing, commercial and institutional areas.

With external factors causing major effects on the scope and course of the projects in the past two years,

and the continuing effect of the pandemic the world is facing, HDC is currently facing and also forecasts

significant increase in claims and disputes with regard to the ongoing projects.

2.0 Objectives

HDC is seeking a qualified Consultant or a Consultancy Firm, on a retainer basis, to provide consultancy

services in construction claim management and analysis and dispute resolution for all projects managed

by Housing Development Corporation Ltd.

The main objectives of the required consultancy services are as follows.

Review and analyze the Contractor’s and Employer’s claims and notices and provide expert

opinion

Preparation, defense, or negotiation of claims for extension of time, loss and/or expense, or

general damages.

Assist/advise the Engineer/Employer in the assessment of Contractor’s claims

Assist/advise the Engineer/ Employer in the substantiation of Employer’s claims

Assist in preparation of negotiating planning and negotiations with the Contractor for amicable

settlement

3.0 Scope of work

The scope of works and the expected output or deliverables of the consultant shall be (but not limited to)

the following.

a) Advise and support Projects department in tasks related to notice of claims, claims and disputes,

in relation to FIDIC standard form of contract.

b) Advise Projects department in making determinations related to claims.

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c) Participate in meetings related to claims, negotiation with contractors for amicable settlement. d) Support Projects department with the review of documents, including documents for claims and

payment of claims, submitted by the consultants and the contractors with the purpose of ensuring their quality and compliance with the requirements of the respective contracts

e) Review and comment on documents (legal texts, reports) prepared by HDC. f) Support Projects department to identify all potential problems and risks during claims procedures

and assist by all reasonable means in selecting options for resolving them. g) Delay analysis h) Advice and support for the preparation of defense and response to contractual claims and

disputes i) CPM (Critical Path Method) Schedule Analyses to Quantify Delay, Time Extension and Liquidated

Damages Entitlement j) Quantification of Direct and Indirect Damages Including Delay and Loss of Productivity k) Conduct training or workshop for at least 15 staff in construction claim assessment and

determining liabilities and remedies involved. Focus should be on relevant FIDIC clauses. (Should not be a one-day workshop/training and should be organized for sufficient duration for staff to effectively grasp the required knowledge and skill.)

l) Assist in preparation of guideline for claim assessment. m) Advice with reasons and expected outcomes, on whether to proceed to adjudication/arbitration

for the settlement of claims/disputes n) Reporting as follows:

i. Initial assessment report of claims, notices, issues. ii. Final assessment reports for claims.

iii. Reports to elaborate on advice and remedies given for specific issues (on ad hoc basis).

4.0 CONSULTANT’S qualification and EXPERIENCE

The consultant is expected to meet the following qualification and experience requirements.

A degree in Law or Construction or equivalent field.

Postgraduate studies in related field will be considered an advantage.

Experience in claims and contract disputes and resolution procedures under services and works contracts

At least 10 years of experience, spent in service and works contracts and in management of contract claims preferably under FIDIC Contracts, or equivalent

Experience with FIDIC Conditions of Contract

Should be fluent in spoken English and highly competent in written English.

Should be familiar with SIAC/arbitration procedures and rules.

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Upon acceptance of the TOR, the consultant is expected to submit proposal including the following.

a) An organizational chart of the project team, profiles of the team members, respective roles and responsibilities of the team members

b) Brief history or profile with highlights of services provided.

c) Documentation on previous relevant experience

6.0 Duration

The consultant is expected to provide their services for a period of 18 months, after which the contract may be extended based on need.