Construction Law/Extension of contract time
FIDIC 2005 MDB
I have the following question.
The Contractor failed to deliver the project (road construction) within the second time extended, now submitted a revised work schedule to the Engineer for approval. The Client is blaming the Engineer for incompletion of the project. the Client want the Consultant (Engineer) to cover the delay damages and losses caused by the incompletion of the project. At the moment the consultancy contract also ended and contract exsists between the consultant and the client. We requested the Client to extend the consultancy contract and we told that otherwise the Consultant would leave, actually still working since 15 dec.2012 without having the consultancy contract extended at our own risk. The Client says he doesn't have resources to pay the Consultant.
My questions are :
1. Should not the Client use contingency sum to pay the Consultant?
2. How can we approve the revised schedule if the Contract with the contractor also expired (second extended time ended on dec.09)and in addition the consultancy contract not extended?
3. What actions shall we take with reference to what contract clauses and should the contract this time pay delay damages?
( :)I am new to the contract interpretation)
From which standpoint are you asking this question?
Consultant - Contractor or Client?
Also the following points are not clear:
1. Is the contract works complete - when was the certificate of completion issued?
2. "At the moment the consultancy contract also ended and contract exsists between the consultant and the client" This sentence needs to be clarified - has the consultancy contract with the client ended or not?
I am not familiar with FIDIC 2005 MDB so you may have to spell out the relevant clauses.
I will get back to you after your reply