Expert: John Dowse - 2/5/2012

Question
I have a contract operated under FIDIC.Clause 1.9 states that "The Contractor shall give notice to the engineer whenever the works are likely to be delayed or disrupted if any drawing or instruction is not issued to the contractor within a particular time, which shall be reasonable".
In Particular  COC the employer had deleted this clause in its entirety and substituted NOT USED.
How do I go about with this situation? and how should I defend myself?
Thank you
Abdul Moid

Answer
Dear Abdul,

Thank you for this question.

The omission of this clause does not prevent the Contractor from claiming when drawings or instruction are delayed and, in consequence, adversely impact on progress and/or completion. In effect the clause providing specifically will be substituted by an implied term of similar effect, the interpretation of which will be subject to the prevailing law of the contract.

A Contractor faced with any delay should record and give official notification of such delay as required under the contract whether or not there is an express clause in the contract or whether such a term is implied.

If you wish to provide further details of the issues you are dealing with I will be happy to discuss whether I can assist in preparing or defending against any claims that may arise.




I hope that this assists you.

Kind regards,
John Dowse

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