Construction Industry/Fidic conditions- extension of time for parts/ LD
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.....
the EOT is not made to avoid the LD. In fact, the liquidated damage is required to be applied when the contractor is late due to his own actions. when the delay is caused by the owner/engineer, the contractor is given eot which also in many cases include financial impact.