Construction Law/EOT

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Question
Dear Sir,

We are a company working in Trinidad using fidic 1999 red book we have past our completion date for the project but did not send any notice for extension of time in the required time of 28 days but sent a claim several weeks later detailing the causes for extension of time. We did not received any reply from the engineer until several months later saying that he will not be giving any EOT because we did not give any notice in time. Can we do anything in this matter.

Thanks

Bissessar

Answer
Hi Bissessar
It is always a good thing to get your notices in on time because it avoids surprising the employer.
If for example the employer orders a change then he should be told if it will take longer to build - whereupon he has the opportunity to change his mind.
In such circumstances absence of a notice notice may result in no EoT on the basis of a "condition precedent" written into the contract.
But an absence of a timely notice is not necessarily always terminal to your claim.
There is a fundamental principle found in all legal systems that a contracting party cannot benefit from his own default.
For instance if the employer fails to give timely access he knows that he has caused a delay.
Therefore the employer has prevented the contractor from finishing on time and then refuses to give an extension of time then time will be set at large and no LAD's can be deducted.
The contractor must finish in a reasonable time and costs are claimable.
The legal basis is known as "The Prevention Principle" and it applies even if there are concurrent contractor's delay.
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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