Construction Law/EOT

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Question
QUESTION: "We are working on a project have the different date of completion for groups within the project and LD and bonus will be imposed/paid according to the group containing 4-3 buildings.

On one building with the completion date in Jan-2013 there was interference by the local administration on boundary wall due to size of plot (possession issue) and the plot size reduced for which a revised design and drawings were issued in Jul-13 for boundary wall/retaining wall.Please note that without boundary wall sewerage and water supply line and ext work could not be executed and the building could not be functional. Now we are asking for EOT from Jan-13 to Aug-13 ( execution period required for boundary/retaining wall) but the Consultant has raised the issue ,is the building was completed (inside work) on Jan-13 and prove your ability to work whereas the said building is completed 83% .According to Consultant the EOT request is unsustainable.Kindly give your point of view."

ANSWER: Dear Amjad Hussain,
Thank you for your question.
"Was it really not possible to execute external works without having completed the erection of the boundary wall". I feel that this is the main point for consideration if award of EOT for the requested period can be accorded. My own feeling is that some work like excavation and laying of pipelines etc. is still possible to be carried out even without boundary wall erection but of-cource final touches like placing manual covers can only be done once the building is fenced and gated. I feel that preparation of a time schedule (revised)covering activities that can not be executed in particular without a boundry wall needs to be submitted to the Engineer and then request for appropriate period for EOT consideration. Hope these comments are helpful but if still there is non clarity, you are welcome to raise that specific point again.
Regards,
Liaqat Hayat

---------- FOLLOW-UP ----------

QUESTION: I am thankful for your response.As per ground conditions no external work was possible due to difference of level as after filling between building and boundary wall/retaining wall.It was possible to execute the external work.The consultant also not responded in time as the design of the boundary wall/Retaining wall could have been provided early.Now the Consultant has raised the question of the completion of the works inside the building whereas even theses work are completed in Jan -2013 it was not possible to made building functional without the water supply and sewerage net work.

Once the instructions issued in July-2013 (time required for execution is about 2 month),how it is possible for contractor to comply the same in Jan-2013 and Consultant is not willing to grant EOT and why the contractor execute (additional work) and get the punishment in shape of LD etc.

Answer
Dear Amjid sahib,
Thank you for coming back.
It appear to be a dispute like situation and best option available is to invoke dispute resolution mechanism as per contract.If it is fidic 1987 based contract,it is clause 67 and you have to initially ask for Engineer's Decison to start with.
Regards-liaqat hayat

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Liaqat Hayat

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I can answer questions based on FIDIC 4 and FIDIC 1999 [design-build] with particular reference to time extension , price adjustment and disputes. I am in particular more inclined for response to points pertaining to how claims should be framed and put up in case of technical or other contractual shortcomings. Regarding procurement matters I have spent over 5 years as procurement specialist for highway authority and dealt with numerous claims and disputes in the capacity of "The Engineer" .

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