Construction Dispute Resolutions/Extension of Comletion

Advertisement


Question
Conditions of Contract:
FIDIC Fourth Edition 1987
Repritended 1988 and 1992

Clause: 44.1- Extension of Time for Completion
(c) Exceptionally adverse climatic conditions

The above is one reason to claim Extension of Time.

Actually what are "Exceptionally adverse climatic conditions"?
Will unusual rains which prevent working in open air falling under this category?
An early reply is much appreciated.

Answer
Dear Mr Basil,
Sorry for replying late as i have moved to Riyadh.
As the name implies, anything unusual can be termed as exceptionally unusual climatic conditions.
the unusual rains which prevented working in open space can be claimed only when,
1. the rainfall is much more than the usual annual rain fall in that location. This must the supported with news paper cuttings, meteorological data over past years.
2. you should have maintained the hindrance register in which the owner / PMC should have endorsed the exceptionally adverse climate conditions.
3. This should have been well covered in the notices and daily / weekly / monthly progress reports
4. you should also prove that the referred part of external works could not have completed during non daily days even by crashing the program or otherwise.
only then your claim could be evaluated and accepted. otherwise, the engineer can very well determine saying that the said work could have been done with proper planning during non rainy days.

I think i have answered your question even if it is late.
---r sivaraman

Construction Dispute Resolutions

All Answers


Answers by Expert:


Ask Experts

Volunteer


r sivaraman

Expertise

I can answer questions related to construction contract formation, contract management, dispute resolution especially arbitration, contract closure procedures i can not answer question on price negotiation prior to forming contracts

Experience

I have 20 years of experience in contracting strategies, contract framing, contract administration in various capacities representing consulting companies, project management consultants, contractors and client i have 9 years of experience in construction dispute resolution (mediation and arbitration) between contractors and owners

Organizations
Member in the Institution of Engineers Member in the Institution of Technical Arbitrators Fellow in the Institution of Valuers Member of Indian Concrete Institute

Education/Credentials
Diploma in Civil Engineering Diploma in Construction Management Bachelor's degree in Civil Engineering Currently pursuing masters in real estate valuation

Awards and Honors
I am somewhere at the top but nowhere near the medals

Past/Present Clients
Sterling Holiday resorts Iggi Resorts International Ltd Capgemini Johnson & Johnson EMC FM Global NVIDIA SABIC

©2016 About.com. All rights reserved.