{"title":"联合合同法庭和伊拉克标准招标文件延期规定的比较","authors":"Wurood R. Zain-alabdeen, Sawsan M. Rasheed","doi":"10.1515/jmbm-2022-0063","DOIUrl":null,"url":null,"abstract":"Abstract Many contractors face challenges in completing the project on time due to delays arising for various reasons, including reasons beyond the contractor’s control, such as force majeure, exceptionally bad weather conditions, changes, etc. As a result, contractors submit a time extension claim to make up for lost time and set a later completion date to complete the project. Each contract has its terms for the extension of time (EOT). Therefore, the objective of this article is to study the provisions for extending the time when the reasons are beyond the control of the contractor according to Iraqi Standard Bidding Documents for Procurement of Works (SBDW) and the Joint Contracts Tribunal (SBC/Q 2016). The article also aims to show the extent of the difference between the two contracts in applying these provisions. The study found that when submitting a claim in the Iraqi SBDW, the contractor shall consider the notifications relating to it as per the specified period. Therefore, they will not be considered if claims are submitted after that period. In SBC/Q 2016, submitting a claim notice is not required to gain additional time. Therefore, the failure to provide notice does not forfeit the right to claim additional time. This study enhances the contractor’s knowledge of the terms related to the EOT under the two contracts, reducing the disputes resulting from a misunderstanding of these provisions.","PeriodicalId":17354,"journal":{"name":"Journal of the Mechanical Behavior of Materials","volume":"31 1","pages":"580 - 586"},"PeriodicalIF":1.7000,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Comparison of time extension provisions between the Joint Contracts Tribunal and Iraqi Standard Bidding Document\",\"authors\":\"Wurood R. Zain-alabdeen, Sawsan M. Rasheed\",\"doi\":\"10.1515/jmbm-2022-0063\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract Many contractors face challenges in completing the project on time due to delays arising for various reasons, including reasons beyond the contractor’s control, such as force majeure, exceptionally bad weather conditions, changes, etc. As a result, contractors submit a time extension claim to make up for lost time and set a later completion date to complete the project. Each contract has its terms for the extension of time (EOT). Therefore, the objective of this article is to study the provisions for extending the time when the reasons are beyond the control of the contractor according to Iraqi Standard Bidding Documents for Procurement of Works (SBDW) and the Joint Contracts Tribunal (SBC/Q 2016). The article also aims to show the extent of the difference between the two contracts in applying these provisions. The study found that when submitting a claim in the Iraqi SBDW, the contractor shall consider the notifications relating to it as per the specified period. Therefore, they will not be considered if claims are submitted after that period. In SBC/Q 2016, submitting a claim notice is not required to gain additional time. Therefore, the failure to provide notice does not forfeit the right to claim additional time. This study enhances the contractor’s knowledge of the terms related to the EOT under the two contracts, reducing the disputes resulting from a misunderstanding of these provisions.\",\"PeriodicalId\":17354,\"journal\":{\"name\":\"Journal of the Mechanical Behavior of Materials\",\"volume\":\"31 1\",\"pages\":\"580 - 586\"},\"PeriodicalIF\":1.7000,\"publicationDate\":\"2022-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of the Mechanical Behavior of Materials\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1515/jmbm-2022-0063\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"MATERIALS SCIENCE, MULTIDISCIPLINARY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of the Mechanical Behavior of Materials","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1515/jmbm-2022-0063","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"MATERIALS SCIENCE, MULTIDISCIPLINARY","Score":null,"Total":0}
Comparison of time extension provisions between the Joint Contracts Tribunal and Iraqi Standard Bidding Document
Abstract Many contractors face challenges in completing the project on time due to delays arising for various reasons, including reasons beyond the contractor’s control, such as force majeure, exceptionally bad weather conditions, changes, etc. As a result, contractors submit a time extension claim to make up for lost time and set a later completion date to complete the project. Each contract has its terms for the extension of time (EOT). Therefore, the objective of this article is to study the provisions for extending the time when the reasons are beyond the control of the contractor according to Iraqi Standard Bidding Documents for Procurement of Works (SBDW) and the Joint Contracts Tribunal (SBC/Q 2016). The article also aims to show the extent of the difference between the two contracts in applying these provisions. The study found that when submitting a claim in the Iraqi SBDW, the contractor shall consider the notifications relating to it as per the specified period. Therefore, they will not be considered if claims are submitted after that period. In SBC/Q 2016, submitting a claim notice is not required to gain additional time. Therefore, the failure to provide notice does not forfeit the right to claim additional time. This study enhances the contractor’s knowledge of the terms related to the EOT under the two contracts, reducing the disputes resulting from a misunderstanding of these provisions.
期刊介绍:
The journal focuses on the micromechanics and nanomechanics of materials, the relationship between structure and mechanical properties, material instabilities and fracture, as well as size effects and length/time scale transitions. Articles on cutting edge theory, simulations and experiments – used as tools for revealing novel material properties and designing new devices for structural, thermo-chemo-mechanical, and opto-electro-mechanical applications – are encouraged. Synthesis/processing and related traditional mechanics/materials science themes are not within the scope of JMBM. The Editorial Board also organizes topical issues on emerging areas by invitation. Topics Metals and Alloys Ceramics and Glasses Soils and Geomaterials Concrete and Cementitious Materials Polymers and Composites Wood and Paper Elastomers and Biomaterials Liquid Crystals and Suspensions Electromagnetic and Optoelectronic Materials High-energy Density Storage Materials Monument Restoration and Cultural Heritage Preservation Materials Nanomaterials Complex and Emerging Materials.