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Construction Law/Extension of contract time

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Question
FIDIC 2005 MDB
Dear Sir,
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?
Thank you.
( :)I am new to the contract interpretation)

Answer
Hi Murodjon
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
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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