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Construction Law/Idle manpower & equipment


QUESTION: We are a construction contractor, working on an O&G project in UAE. We follow FIDIC 1999 Conditions of Contract. Due to Employer's issues, project got extended and as a Contractor we want to put up a claim for Idle manpower and equipment. Could you please advise me, which contract clause applicable for this Claim.

ANSWER: Dear Thomas,

Thank you for your question.

Subclause 20.1 deals with claim. If you think you are entitled to any additional payment and or an EoT, you should submit a notice to the Engineer as stipulated under subclause 20.1.

Subclause 20.1 is very strict and such notice should be submitted not later than 28 days after you became aware or should become aware.

Within 42 days after you became aware or should become aware or within any period proposed by you and approved by the Engineer,you should submit your detailed claim (with full supporting particulars).

I hope the above helps and if you can further detail your actual case, I will be glad to assist you more; otherwise I will appreciate if you can provide me a rating. Good Luck!


Jonathan L. Peralta

---------- FOLLOW-UP ----------

QUESTION: Thank you so much for your quick response, and studied your comments.

Subclause 20.1 is for Claims, in general, but in particular I couldn't find this 'idle manpower and equipment' case under 20.1. I thought, FIDIC would have covered this case somewhere.

We have given the Notices as stipulated but could you please guide me what else should be provided with the detailed claim to prove that the manpower and equipment were really idle.  

Thanks in advance.



ANSWER: Dear Thomas,

What is the reason for equipment and manpower idling?

There is no particular clause in FIDIC 1999 that deals directly with idled equipment.  If the Engineer instructed you to suspend part or all of the Works, then you can refer to subclause 8.8 and 8.9 and submit the necessary notice and detailed particulars as stipulated under subclause 20.1

If there was an employer delay and such delay impacted the Time for Completion, then you should have submitted the required notice  pursuant to subclause 20.1 and may be entitled to an EoT in accordance with subclause 8.4  and you can claim under subclause 20.1 for Idled Equipment due to disruption.

Hope the above helps and you can rate me. Thanks.



---------- FOLLOW-UP ----------

QUESTION: Thank you so much for the reply, and I have already rated for the answers provided.

I have another query:
As i mentioned, we are a construction contractor just completing construction scope of work. The issue of mark-up P&IDs is a dispute. As per SOW, P&IDs are Employer's scope while our scope reads as"redline mark-up(hard copies)for our construction scope". As required, we done mark up of isometric drawings and submitted. Now, please guide me, whose responsibility is P&ID mark-up based on contract and conventions.


Dear Thomas,

Thank you for the rate and a new question.

Unless something is mentioned in the contract, I say that design review which includes mark-up P&ID's are all part of the Contractors SOW, since Inspection & Testing of Pipe System are part of his responsibility under the Contract.

Hope the above helps and you can further rate me. Thanks.


Jonathan L. Peralta

Construction Law

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Jonathan L. Peralta


Questions relating to construction claims, Extension of Time, Variations, Interim Payment and delay analysis under FIDIC Form of Contracts.


Experience in the following sectors: buildings, residential, infrastructure, civil and marine works. Have worked for different international contractors in Myanmar, Vietnam and the Philippines.

AACEI, U.S.A., Dispute Resolution Board Foundation,U.S.A., ASCE, U.S.A., PICE,Philippines

Bachelor of Science in Civil Engineering, Registered Civil Engineer in the Philippines

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