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Construction Law/Extension of time claim due to national strike of transporters

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Question
May you please help me, I have applied for extension of time, the reason of the delay is that the transporter who was supposed to transport material was on strike - it was a national strike for transporters. Now the engineer wants the clause in GCC under which l am making my claim

Answer
Good Day Maizani

You have not identified the Contract in which the Project is being administered. This is important for me to assist you in answering your question accurately.

However, without this information all i can advise at this time is that your situation may constitute a delay due to "Force Majeure".

This situation is usually due to the following exceptional circumstances, which are:

-   Beyond the control of both parties.
-   Could not have been reasonably provided against before entering the contract.
-   Could not be reasonably avoided or overcome
-   Was not substantially attributable to the fault of any party to the contract.

In FIDIC 1999 "red book" the clause which deals with Force Majeure is Clause 19 (Subclause 19.1 - Subclause 19.7)

If you are not using FIDIC 1999 or any standard form of contract the issue remains one on Force Majeure and whatever remedies allowed by law should be applicable.

Best Regards


Kermit Dick  

Construction Law

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kermit dick

Expertise

All questions pertaining to Construction Law isses, ie, Claims EOT Loss of Profit Variations Damages ADR Delays and disruption Professional Negligence

Experience

Certified Arbitrator/ Mediator & Senior Quantity Surveyor Contract manager for Major Construction Firm From 2008 - 2010 Quantity Surveyor for over 16 years dealing with all issues of construction disputes, claims and general contract administration.

Organizations
Member of CIArb Member of ISTT (Institute of Surveyors of Trinidad & Tobago)

Publications
Thesis for Robert Gordon University re: "Professional Negligence in the Construction Industry[20,000 words]" Report for Deakin University "Failures in Slipform Construction [10,000 words]"

Education/Credentials
LLM in COnstruction Law & Arbitration (Robert Gordon Institute 2010) Graduate Diploma in Quantity Surveying (Deakin University Australia - 2007) Civil Engineering Technician Diploma (John D Institute Trinidad 1995) General Draghting Diploma (S'fdo Tech Inst. Trinidad 1984)

Awards and Honors
Distinction in Quantity Surveying via Deakin University (Graduate diploma in Quatity Surveying)

Past/Present Clients
VINCI COnstruction Grans Projets Kee Channona Limited (Trinidad & Tobago) NH International (Caribbean Limited)

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