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Scenario 03 • FIDIC • Utility • Mid eight-figure (USD)

Sixty-eight open items at PC. Closed in ninety days.

Closing 68 open items and recovering 88% of final account value, against a 65-70% benchmark without structured close-out.

Representative scenario based on real contractor-side commercial issues. Details are combined and anonymised to protect confidentiality. Figures are indicative and used to show the commercial mechanics.

Contract form
FIDIC Red Book 2017 (with substantive Particular Conditions)
Sector
Utility
Value at stake
Mid eight-figure (USD)

Situation

A Tier-2 contractor on a complex UAE utility project under FIDIC Red Book 2017 with substantive Particular Conditions. Practical Completion achieved. Sixty-eight open commercial items on the table: a mix of unresolved variations under Sub-Clause 13, claims under 20.2 at various stages, deductions disputed by the Engineer, and final-account items including retention release.

Complication

The default expectation across the project team was a six- to nine-month negotiation phase post-PC, with the Engineer holding open items in suspension until commercial pressure built. On comparable projects, that process typically costs the contractor 25-35% of headline value: items collapsing on detail, evidence weakening as project staff dispersed, and bargaining leverage compressed across 68 items being negotiated as a single bundle.

Approach

A four-stream close-out programme, started 30 days before PC and running parallel to handover. Stream 1: variations and claims at quotation stage closed individually to determination, each item presented with full cause-effect-evidence pack. Stream 2: items at Engineer determination stage pushed to 3.7 outcome, with DAAB referral prepared for any item where determination was unsatisfactory. Stream 3: deductions challenged item by item, with evidence appendices issued in parallel. Stream 4: final account negotiation reserved for the residual items not closed through the other streams.

Outcome

Fifty-one of 68 items closed within 90 days of PC. Eleven items closed through DAAB referral within a further 60 days. Six items moved to arbitration (where the contractor's position was strongest); five of the six ultimately settled at over 90% of claimed value. Aggregate recovery against headline value: 88%. Comparable benchmark from prior similar projects without the structured close-out: 65-70%.

Lessons

Final account is not a phase. It is the visible end of commercial discipline that should have been running throughout. The contractors who recover materially more at close-out are doing the work at month 12, month 18, month 24, not at PC.

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