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Construction Law/EOT as per condition precedent


I am working on power plant project and subcontractor is delayed for E&M works because of delay in delivery of civil works from our side i.e. Main contractor. Condition precedent to claim EOT and cost is to give a notice to contractor of the circumstances which is delaying subcontractor within 7 days of such delay first occurring.

My Question is?
1-Subcontractor did not send any notice in timely manner i.e. 7 days, however we have received a claim notice after 20 days of delay. Is subcontractor eligible for claim although he could not send the notice within agreed time of 7 days

Dear Mohammad,

Thank you for your question.

The straight forward answer is NO!

BUT! That is an extensively debated issue worldwide and prior rejecting a claim as time barred, one must be very careful and take into consideration several aspects, including:

- other contractual provisions, such as obligation to collaborate and help the contract to be smoothly implemented. As Main Contractor caused the trouble themselves, you may be in a delicate position.

- law of the country: are the rights extinguished just by missing that 7 days deadline?

- relationship with sub-contractor: would it help you to deny their entitlement, on that basis?

You did not indicate what kind of conditions of contract are you using, but in case of a dispute adjudication under FIDIC, do not be surprised if an adjudicator would decide to accept sub-contractor's claim.

Hence, I believe that in fact, there is no straight forward answer, but one must analyse the matter on a case by case basis and consider all intervening factors.

My personal view is, try to settle it. They are right, you have a good bargaining position ...

Hope that helps.

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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

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