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Construction Law/Are we allowed to defer DNP


Dear John,
Further to my previous question addressed to you  pertinent to the Defect Notification Period (DNP), I would like to ask you again on the issue of the possibility to Defer Contractor's DNP, basing our argument on specific FIDIC 99 Clauses?

Moreover concerning the Claim to be issued by the Owner/Client, shall it be preceeded by an Engineer notification to the Owner of such issue, i.e shall it be suggested by te Engineer? or the Engineer (us) prepare it for him and provided it to him along with our notification to the Owner?

Thx in advance

Dear Rex,

Thank you for this question.

I do not have a record of your earlier question; however I will answer based on the information in this question.

The DNP only commences when a taking-over certificate is issued; hence the decision on the commencement period is an objective one based upon the contractor's application for taking-over and the Engineer's decision on the state of completion.

The end of the DNP can be postponed by extension of the period pursuant to sub-clause 11.3. The Employer has to make a claim for extension (under sub-clause 2.5) which is reviewed and judged the Engineer. The claim must be founded on lack of availability for use for the purpose intended, or defect or damage.

From your question I suggest that the Engineer has a duty to inform of the actual position and for the Employer to make the decision on whether to claim for an extension of the DNP, or not.

I hope that this assists you.

Kind regards,
John Dowse

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John Dowse


Legal; contract interpretation; quantum; delay analysis. Practitioner in arbitration, adjudication and mediation.


Thirty-three (33) years experience in building and construction, at all levels both within contracting and consulting organisations. Practising arbitrator, adjudicator, and mediator. Faculty approved trainer for the Chartered Institute of Arbitrators. Lecturer on construction contract forms and dispute resolution practices.

Chartered Institution of Civil Engineering Surveyors Chartered Institute of Arbitrators Institute of Directors Society of Construction Arbitrators

Various UK and International construction and legal publications.

LLB (Hons), Pg Dip (Legal Practice), MCInstCES MCIArb MIOD Barrister

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