Construction Law/Clause 14 programme

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Expert: - 2/8/2012


Question
Florin,

Further to the query I had earlier, we also have issues with the Clause 14 programme.
(FIDIC '87)

We have imput all of the activities into the programme but there are phsyical restraints within the Contract in terms of timbers for approval of drawings, subcontractors, approval, determinations etc.
We have demonstrated that it is immpossible to complete the works in the time for completion as stated in the Contract due to the Employers own restraints.

What are your thoughts?

Thanks
Marc

Answer
Hello Marc,


In general, you can not claim for something that did not occur yet.

When something occurs, you need to assess if it is your risk, Employer's, or shared risk.

If yours. you pay damages. If Employer's, you claim for EoT and costs, as applicable.

If shared, you claim for EoT.

Briefly, I would say you formally warn the Employer/ Engineer, ensure you take all possible measures to mitigate (make sure you record that) and then, for whatever happens, you claim as per Contract provisions.

Hope that helps,

Construction Law

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Florin NICULESCU

Expertise

Question related to Civil Engineering Contracts, using FIDIC or other Conditions of Contract, concerning Procurement procedures and documents (pre-qualification, tendering and contracting) and Services/ Works Contracts implementation matters including Determinations, Payments, Time Extensions, VOs, Claims/Disputes. Additionally, questions related to dealing with International Financing Institutions. Can also answer questions in Romanian. Can not answer improperly formulated questions.

Experience

Some 15 years of experience in the field of design, works supervision, construction, management of aid funds and technical assistance for various types of contracts implementation, including severe conflictual contractual situations leading to Claims and disputes.

Organizations
-1. Fellow of Romanian Professional Association of Roads and Bridges; Fellow of Romanian Inter-Ministerial Council for Road Safety Fellow of the Disputes Resolution Board Foundation (DRBF) of United States – nominee on DRBF President’s Disputes Board Members List www.drb.org and of DRBF Chapter for Eastern Europe http://dabdrb.googlepages.com Currently supporting establishment of Global Road Safety Partnership Romania Fellow of Polish Association of Consulting Engineers (SIDiR) – nominee on SIDiR President’s Disputes Board Members National List http://www.sidir.pl/sidir/index.php?action=czlonkowie&a2=r Member of “AllExperts.com” volunteers pool http://www.allexperts.com/user.cgi?m=4&expID=85358&catID=914 Member of the "Constructions Disputes Resolution Services” International Panel of Construction ADR Specialists" of United States www.constructiondisputes-cdrs.com

Education/Credentials
- Graduate in 1994 the Construction Institute - Graduate of several FIDIC,Procurement and other courses - Graduate of first Disputes Board Members Mentoring Scheme (http://www1.fidic.org/resources/adjudicators/pupilage.html)

Past/Present Clients
- Several State organisations/Ministries , such as Ministry of Transport, National Admistration of Roads, Ministry of Development, Public Works and Housing, Central Contracting and Financing Unit in Romania and also in Turkey and Croatia - Numerous Western based private consultancy companies

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