ABSTRACT

Preventing disputes in any project is always beneficial and is of particular concern in any Nuclear Power Plant (NPP) project due to the complexity and potential for litigation costs and expenses. Claims for Delay, Disruption, Prolongation arising out of Extensions of Time and/or monetary loss all go through the same process which ultimately leads to either resolution of the dispute or litigation. During the construction of a bridge over a large river in a developing part of the country, a dispute breaks out over an unforeseen ground condition which is causing delay to the project. The contractor requested that the employer agree to a mediator, but since the best-case scenario for the employer would be to pay money and give additional time, it refused to go to mediation and threatened the contractor with a claim for breach of contract and its termination if the contractor did not proceed and complete the project on time and on budget.