Construction Law/FIDIC


FIDIC 1987 (with 1988/1992 amendments
Contract was signed after the Egyptian revolution of 25/01/2011.
The contractor is claiming 2 days relating to referendum voting (partial cessation of all site works). Normally, voting would be carried out on one day, but as the Judiciary was on strike, it was carried out over two days, so that the Judges that were available were able to travel to the particular regions in order to “observe the voting”
He is claim for EOT under sub-clause 44.1 paragraph (e) – other special circumstances
And claiming for additional cost under sub-clause 65.5 – special risks - relating to sub-clause 20.4 paragraph (b) …..Revolution

Should the contractor not have reasonably foreseen / programmed for such an event (e.g. it is normal for elections every 4 years, so is it ok for a contractor to get an extension of time + costs for this occurrence?) – i.e. it is foreseeable.

The other issue under clause 20.3 states “In the event if any such loss or damage…” Would the above situation be considered as a loss, in the meaning of loss under this clause.

Dear John,

Was it a referendum or an election? If an election, it could have been foreseen and allowed for, even if the actual timing might not have been known.  If it was a referendum, it was unforeseeable and thus an allowable claim.  I would suggest that he has a claim under changes in legislation.  

I doubt that loss, in this instance, refers to time but only to material or financial loss.  

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Peter M. Elliott


First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol before submitting a question.


Value . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest bidder, it's well to add something for the risk you run.
And if you do that, you will have enough to pay for something better.
. . . John Ruskin (1819 - 1900)
"We are too poor to buy something cheap"
.Romanian Proverb 2002
A lean compromise is better than a fat lawsuit. George Herbert (English poet 1593-1633)
I said it in Hebrew, I said it in Dutch,
I said it in German and Greek:
But I wholly forgot (and it vexes me much)
That English is what you speak!" Hunting of the Snark - Lewis Caroll
Match your presentation to the reader!
The joy of food lasts but an hour, of sleep but a day, of a woman, but a month, but the joy of a building lasts a lifetime. Syrian proverb.
Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')

Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation

B Sc(Hons) in Civil Engineering

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