Construction Industry/Fidic conditions- extension of time for parts
Dear Sir, Further to my previous mail/ question-2 nos, related to the extension of time/ LD, kindly consider the below my 3rd question as well.
3. If my understanding/ answer for the above question is correct (if Employer can not apply LD for late completion of part of Works), then the Engineer needs to grant further extension of time to cope with the delayed period. Referring to my above example, if the Contractor completes the said part only by 30 December 2013 instead of 30 November 2013, then the Engineer needs to grant further 1 month extension of time to avoid any LD application.
But, the Engineer will say that the Contractor doesn’t want 1month extension of time to complete the said part of works; whereas at the same time, the Employer is prevented from applying any LD for late completion of part as per my answer for the above question 01. Does it mean that there is some discrepancy/ error in Fidic conditions, because I believe that there is always a relationship between the LD and extension of time (ie. to avoid any LD there should be extension of time)??
Thanks for spending your valuable time....
As i said, if the part or sectional completion date is mentioned in the contract and is allocated with LD, it will be applicable if the Contractor fails to complete on the stated date of such part or section. If it is not stated, then, there is no basis upon which the LD could be levied against the contractor. However, if it the part or section is not stated in the contract but was mutually agreed during the execution of the works and LD is attached to it at the time of its mutual agreement, then, any failure to complete such part or section on that stated date will attract LD being levied against the Contractor.
Extension of time is granted only on Contractor's application provided the cause of the delay is the Employer and not Contractor. If the delay in completion is contractor's fault, he has to prepare recovery programme to finish the work in line with the completion dates of whether the parts or the section otherwise, there will be LD application.
Hope this helps you?