Construction Law/claim

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Question
Dear Sir
I request your advice please
I am working in Oman and I have contract standard document for building and civil engineering work –fourth edition sep1999

We lost important material (flat fender –value approximately 175,000 US Dollar) during transit by marine transport (lashing broken material fallen into deep sea due to bad weather), we had marine cargo insurance policy but unfortunately it is covered total loss not partial loss.
My question is under
-   Can we claim via CAR Policy (project  insurance)
-   (Or) can we claim from client via clause 65(2) damage to works etc.by special risk
Please advice

Answer
Hi Dear,

i am not aware of your insurance terms, but generally your partial loss should be covered by Insurance. Total Loss means one or all contents of your cargo are totally lost, it does not have to be where whole Cargo is lost then Insurance will cover. total loss gives you cover for full cargo, such insurance normally covers all the contents of your cargo and you can claim for loss of 1 or all items, if damaged/ destroyed.

CAR insurance works from once its clear from Port and you are loading/ offloading and there after..  

lastly, I guess you are referring to FIDIC 1987- reprinted 1992 (4th Edition) clause 65-2, it refers to Employer's Risks under 20.4 and does not cover shipments under your/supplier possession.

//Nas

Construction Law

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Naacer Gheylaani

Expertise

Offering experience in Construction Management and Contracts

Experience

14 years of extensive construction and consultancy experience in GCC and European experience

Organizations
Construction contracts Consultancy

Education/Credentials
Masters"International Project Management" Certified Project Manager (IPMA) BSc. Civil Engineering

Awards and Honors
Certified Project Manager- IPMA Member ICCAM

Past/Present Clients
Royal Companies, Private Companies, Govt. Authorities and Private clients (EOT, Claims, Variations & contract finalization)

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