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Construction Law/Delayed Site Handover Claim

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Question
Hi John,
Our contract is FIDIC 1999.
We were delayed by the employer in handing over the site of works for which we submitted claim for compensation.
Our contract is silent on compensation due to delayed site handover we made claim under 20.1.
The Engineer has rejected our claim through various letters saying that no sub clause exists in the contract for such compensation.
We are left to pursue the claim on common law and industry norm but we have only indicated that we reserve our rights on this matter without giving indication of going to arbitration for political reasons.
Should a notice to the employer directly is necessary that we will pursue the matter through legal or other channels? OR just a notice to the Engineer that we do not agree to his determination of this matter is unacceptable to us and that we are reserving our rights under the law( as is the case now)will suffice.
Kindly advice.
Thanks
Abdul

Answer
Dear Abdul,

Thank you for this question.

As you have described it a notice can be given in the terms you suggest. Any notice should be issued to the person or persons named in the contract; however a copy of the notice to the Employer (or a copy to the Engineer if the contract requires notices to go to the Employer) will cover all bases on this occasion.

Under the standard FIDIC contract the only time bar is in giving the notice of claim under sub-clause 20.1; however you should check to see that further limitation provisions have not been drafted into your amended contract. Any other limitation provision under the applicable law of the Contract should also be observed.



I hope that this assists you.

Kind regards,
John Dowse

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Construction Law

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John Dowse

Expertise

Legal; contract interpretation; quantum; delay analysis. Practitioner in arbitration, adjudication and mediation.

Experience

Thirty-three (33) years experience in building and construction, at all levels both within contracting and consulting organisations. Practising arbitrator, adjudicator, and mediator. Faculty approved trainer for the Chartered Institute of Arbitrators. Lecturer on construction contract forms and dispute resolution practices.

Organizations
Chartered Institution of Civil Engineering Surveyors Chartered Institute of Arbitrators Institute of Directors Society of Construction Arbitrators

Publications
Various UK and International construction and legal publications.

Education/Credentials
LLB (Hons), Pg Dip (Legal Practice), MCInstCES MCIArb MIOD Barrister

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