ABSTRACT
During the Iraqi invasion of Kuwait, large numbers of construction projects were subjected to considerable damages, ranging from looting and direct shelling to extensive fire damage. Both owners and contractors suffered significant losses. After liberation, the owners and contractors got together with their project consultants to restart these projects. Such reactivation must follow specific steps, the first of which is for the consultant to conduct a field survey to assess the project’s status and estimate the damage. He will also prepare the necessary construction documents required for damage repair and completion of the project to meet the original objectives. In Kuwait the most widely-used contract is the FIDIC; applying its Clause 65.3 of the FIDIC for Damages to Works by Special Risks, the consultant would issue the final payment to the contractor and close the project file. Following these stages the owner, using the new contract documents, can negotiate with the original contractor to resume work and finish the project, thus eliminating a series of potential problems such as mobilization, learning process, subcontractor continuity, and materials and supplies tracking if he had to invite a new contractor. A case study is presented to show this approach. If such negotiations are not successful, the new contract will be put up for tender.
