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Construction Law/Claims under Fidic-4

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Question
QUESTION: Dear sir,

I'm currently working as a contract manager with the contractors on an airport project and our contract is based on 1987 FIDIC. I have a few questions regarding my daily issues:

(1) All activties of RC structure are on critical path, and we have been faced by delay due to rain for the last few days. In my knowlegde, rainfall is a non compensable event, but since it has affected our critical path, therefore, can we claim for EOT on this basis?

(2) My 2nd concern is that, the designer is frequently changing his "approved with comments and resubmit" drawings, i.e. once we resubmit the approved with comments drawings, the designer makes changes eg. changes the treads and risers of the staircases, changes the floor level etc. can we claim extra cost for these type of changes (even if we have not started the relevant construction activities), can we claim the overheads due to the "rework"?

ANSWER: Dear Jabeen,

Thank you for your question. I like to answer two questions as Follows
(1) You need good substantiation from historical data for rainy days in the vicinity of airport areas to show that the rains in the last few days are "above normal" rain falls for this period. The local met office data for last few years alone can be used as the basis which should show that these are abnormal rains for this period of the year(month of early February) and in that case you may have a case for consideration.

(2) The only support for such a scenario can be derived with submission of carefully written daily reports  which are submitted to the client which is a normal practice. This has to show the details of daily disruptions due to to and fro movements in approval process etc. This can subsequently be used as substantiation for a claim on this account under clause 53.

Regards
Liaqat Hayat       

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

QUESTION: Sir thanks alot for your prompt reply. I need further clarification as to "whether we can claim for the expense of making a drawing (cad operator wage, printing expenses etc) for the resubmission of the drawing which was previously approved by the designer and now due to his changes to the approved drawing, we have to again spend money on its making, printing etc"? Basically this practice will be just to beware the designer that he should carefully check the drawing and make the changes only "once" and not "whenever he desires".

Answer
Dear Jabeen,
Thanks for your supplementry question.Any thing that the contractor feel entitled to can be claimed, provided there is good  justifiable grounds and can be substantiated under contract or applicable law.In general,any loss to the contractor for no fault of his is reimpursible as long as it can be demonstrated and substantiated with contemporary record such as daily reports etc.
Regards-Liaqat Hayat

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Liaqat Hayat

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I can answer questions based on FIDIC 4 and FIDIC 1999 [design-build] with particular reference to time extension , price adjustment and disputes. I am in particular more inclined for response to points pertaining to how claims should be framed and put up in case of technical or other contractual shortcomings. Regarding procurement matters I have spent over 5 years as procurement specialist for highway authority and dealt with numerous claims and disputes in the capacity of "The Engineer" .

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