Construction Law/EoT


Dear peter,

We have two tower to be build in Dubai and passage in between.. one of them already started by previous contractor and the parking area completed as a structure 80% and the other tower we got the site possession late like partially we got 30% of the tower plot with 6 month delay which is below the tower(foot print) and the balanced 40% we got after that by one month and last 30 % allocated for parking we will get with 9.5 month delay...also the passage site possession delayed for 8 month but due to lake of access for other areas it has been used as an access for concrete (so the passage delay is 8 month + disruption 1.5 month easily can be proofed by documents and KPI)the contractor submitted claim for late site possession of the tower and the passage in one claim...the Employer is saying that you have to count for the tower from first delivery so you are eligible for 6 month and we are saying that we are eligible for 9.5 month since it is one entity and also the passage delay is 9.5 month.

Dear Feras,

As with all delay and disruption claims, I recommend that people download and study the SCL Delay and Disruption Protocol which is the best guide to EoT claims that I have found so far.  There are a couple of guides which are produced by American authorities, but, to my mind, they are more complicated.  I suggest that you submit your claim in line with this document.  It is a bit dated and improvements have been suggested, but it is a good start, even if it is not a contractual document.  You have to prove that any Employer generated delays lay on the critical path and created a delay to the completion date.  Of course, if you have no critical path programme, then you have real problems until you have produced one.  SCL have published a couple of papers on the effect of disruption as opposed to pure delay.  It is worth joining SCL, as an electronic member (30 p.a.) if only for their library of published papers.  

With regard to your particular problem, I cannot advise you without more details of the actual case.  

Construction Law

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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 . . .
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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.
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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
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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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