Construction Law/Non-completion


QUESTION: Hello. I am an QS trainee who has been assigned to a project that using FIDIC. My main question as I go through the FIDIC form. Is there any provision or clause in regards to non-completion since I cannot find anything. So the contractor is subject to get an EOT and LAD I suppose? Thank you.

ANSWER: Dear Leoz,

Thank you for your question.

Please clarify if you refer to completing the works late, or not finalizing them, i.e. abandoning the contract, for example?

Delay: If the Employer is responsible for the delay, the Contract can obtain EoT. If it is the Contractor, they will pay delay damages.

If it is about abandoning the contract, the Contractor may loose performance guarantee, retention money, value of works executed but not paid yet.

Trust that answer your question.

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

QUESTION: In my case, the contractor not able to finish the work for the project. And there is no special provision in regards to non completion inside the fidic.

Dear Leoz,

Thank you for coming back.

Please read my previous answer and use the option for the case you are in:

a) The Contractor did not finalise the Works in time, but is still working? If yes, Delay Damages will be applied, as per Contract provision. I am unaware which FIDIC are you using, but all FIDIC books have a Sub-Clause for that. In FIDIC '87 they called them Liquidated Damages.

b) The Contractor left the Site without finalizing the Works? If yes, Employer may use Contractor's performance guarantee, retention money and value of works executed but not paid yet, to recover its losses. FIDIC has as well, Sub-Clauses for these.

In any case, the Contract must be red properly and applied accordingly.

Hope that clarifies the matter, please read again, carefully, the applicable FIDIC Book.

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Questions related to Civil Engineering Contracts, using FIDIC or other Conditions of Contract, concerning Procurement procedures and documents (pre-qualification, tendering and contracting) and Services/ Works Contracts implementation matters including Determinations, Payments, Time Extensions, VOs, Claims/Disputes. Additionally, questions related to dealing with International Financing Institutions. Can also answer questions in Romanian. Can not answer improperly formulated questions.


Over 20 years of experience in the field of design, works supervision, construction, management of aid funds and technical assistance for various types of contracts implementation, including severe conflictual contractual situations leading to Claims and disputes. Claims/ Contract management, Disputes adjudication, Arbitration.

Member of Romanian Professional Association of Roads and Bridges; Listed on President's List of Adjudicators of Romanian Association of Consulting Engineers Former member of the Disputes Resolution Board Foundation (DRBF) of United States – nominee on DRBF President’s Disputes Board Members List and of DRBF Chapter for Eastern Europe Former member of Polish Association of Consulting Engineers (SIDiR) – nominee on SIDiR President’s Disputes Board Members National List Member of “” volunteers pool Member of the "Constructions Disputes Resolution Services” International Panel of Construction ADR Specialists" of United States

- Graduate in 1994 the Construction Institute - Graduate of several FIDIC,Procurement and other courses - Graduate of first Disputes Board Members Mentoring Scheme ( - FIDIC Accredited Adjudicator

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