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Construction Law/variation& determination

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Question
Hi Mr. Peralta,
My contract is yellow fidic 1999 and my case is as follow:
The employer sent a claim (the engineer said that it is not a claim but a variation, but the employer insisted on proceeding with a claim procedure)regarding a reduction in quantities of excavation works due to different soil conditions which are employer's risk in this contract.
The engineer had to determine because the contractor missed to give any proof of his loss and the employer claim was calculated in this way:
45 000 m3-750 000 $-that's the schedule of values
15 000 m3-250 000 $- valuation of claim.
The determination was done but now the contractor came up with proofs of his loss (increased cost per unit; unobsorbed overheads) and the engineer thinks that the contractor really suffered this loss. So my question is how can  the engineer overcome the situation using the contract procedure to reimburse the contractor for the costs incurred? Can we re-open the determination or the contractor must claim?
Best regards

Answer
Dear Radoslav,

I apologize for the late reply. I was sick for a week.

The Contractor should be guided under sc 20.1 if he thinks he is entitled to any EoT or additional payment under the contract.

He (the Contractor) should submit a notice to the Engineer and further submit a detailed particulars of his claim within the time frame stipulated under sc 20.1

Thus, the contractor must claim in accordance with sc 20.1 prior to any determination of the Engineer.


Regards,

Jonathan L. Peralta

Construction Law

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Jonathan L. Peralta

Expertise

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

Experience

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

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

Education/Credentials
Bachelor of Science in Civil Engineering, Registered Civil Engineer in the Philippines

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