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Construction Law/Compensation due to Delay attributable to Purchaser

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Question
Dear Mr. Elliot,

I'd like to ask you a question regarding the claim for EOT and cost compensation for such delay event. We use World Bank conditions of contract for Engineering, Supply and Installation. There are some delay attributable to the Purchaser which claimed by the Supplier in which we already have agreement to such delay. In addition, the Supplier claim the cost compensation for standby of engineer due to delay by the Purchaser. Actually, we found that the Supplier's claim reasonable and fair enough. However, we cannot find any clauses in the contract that gives entitlement to the Supplier to claim such cost.

There is a clause regarding "Purchaser's Responsibility" which explain all Purchaser's Responsibility related to acces to Ste, information, etc. And its final sub-clause stated that:
"All cost and expenses involved in the performance of the obligations under this clause shall be the responsibility of the Purchaser.."

Can we use this clause as the basis in accepting Supplier's claim for the cost incurred due to delay caused by the failure of the Purchaser in perform his responsibility.

Thank you for your kind attention.

Best Regards,

Dayu

Answer
Dear Davu,

I apologise for the delay in replying to you.  I have been travelling over some rough roads in a place with intermittent power and worse internet connection.  

I am having some difficulty because you mention Purchaser and Supplier, but my form of the Contract mentions Employer and Contractor.  Perhaps you could give me some guidance on the clauses that you refer to.  Many thanks

Construction Law

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Peter M. Elliott

Expertise

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 www.eotprotocol.com before submitting a question.

Experience

Value . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
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.
. . . John Ruskin (1819 - 1900)
"We are too poor to buy something cheap"
.Romanian Proverb 2002
A lean compromise is better than a fat lawsuit. George Herbert (English poet 1593-1633)
I said it in Hebrew, I said it in Dutch,
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
Match your presentation to the reader!
The joy of food lasts but an hour, of sleep but a day, of a woman, but a month, but the joy of a building lasts a lifetime. Syrian proverb.
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')

Organizations
Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation

Education/Credentials
B Sc(Hons) in Civil Engineering

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