Claim’s Mechanism in EPC Contract form of FIDIC, a comparison with the oil industry of Iran

The most recent document published by oil ministry, is General and Particular Conditions of Engineering, Procurement and Construction (EPC) agreement for oil industry. These Documents are implied for all EPC projects of this sector. This means government has manipulate the process of regulation of these sector’s contracts. So it is reasonably anticipated that all aspect of a contract has been considered. Regarding General Conditions of these documents, it’s seems that claim management aspects including: determining dispute avoidance mechanism, Claim procedure and dispute settlement systems in these forms were woefully dismissed; while in the similar contract forms, around the world, these matters have been considered for decades. Therefore it seems necessary to recognizing weaknesses of the recent form through analysing one of the most comprehensive EPC contract forms in the world and comparing it with the form which is published by oil ministry. Firstly, for the sake of comparing, the most well-known contract forms in this field which is of the International Federation of Consulting Engineers (FIDIC) will be explained in detail. Finally the current statues of Claim Management Mechanism in special form of oil sector and some available solutions will be mentioned.