Construction Law/Extension of Time

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Question
I am working on a standard form of contract project in which the employer requested for work to be put on hold on the main building but external works be continued. The project recommenced 5 months after and very little external works were executed in the period. The contractor is now making claims on extended preliminaries on the project. please advice on how to treat this.

Answer
Hi Toks
Suspension of works is a relevant event for an extension of time so the contractor is entitled to that extension plus loss and expense arising from that clause.
The contractor could have progressed with the external works but that would probably not have reduced the final delayed end date and would have cost the contractor for retaining a presence on site during the suspension.
Provided the external works are completed within the extended date then the contractor has fulfilled his contractual obligations.
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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