Construction Law/Extension & LD

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Question
Contract is delayed and completion date was already due. Contractor was requested to proceed the work, while variation(additional work)per client request is still being processed . Is LD be applicable.

Answer
Hi Rotor
When a contractor is in culpable delay then LD's are levied on the period of delay.
If during this period the Employer orders extra work that causes further delay then that further period is added to the original completion date and LD's start from that revised date.
This is known as the "Dot On" principle and derives from the Balfour Beatty v Chestermount case in England.
Best regards
Mike Testro

Construction Law

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Mike Testro

Expertise

Anything related to extensions of time and delay analysis.

Experience

45 years in the Construction Industry 15 Years as a consultant delay analyst - I now hold myself to be expert in this field.

Organizations
Society of Construction Law Adjudication Society ex Planning Engineers Organisation

Publications
6 articles on the relevance of the India Contract Act 1872 and its relevance to modern construction in India. Waiting Publication

Education/Credentials
Associate Member of the Institue of Building

Past/Present Clients
Currently employed in India by Punj Lloyd as expert delay analyst. Engaged in ongoing arbitrations and EoT claims. Prior an Indepenent consultant in delay analysis.

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