Construction Law/Delayed Payment

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Question
"Dir Sir
i want to ask about sub clause in red book fidic/1999 " Delayed Payments " clause 14/8
my question :
Is the delayed payment according to this clause in its percentage in contract (9%) per year include all compensation of the contractor include  1- indirect , 2- direct overhead .
best regards"

Answer
Dear Shadi,
The Sub-clause 14.8 from the General Conditions of FIDIC 1999 refers, related to your question, only to the value of these penalties for delayed payments, i.e. that “Unless otherwise stated in the Particular Conditions, these financing charges shall be calculated at the annual rate of three percentage points above the discount rate of the central bank in the country of the currency of payment, and shall be paid in such currency”.
Further on, the same Sub-clause 14.8 says ”The Contractor shall be entitled to this payment without formal notice or certification, and without prejudice to any other right or remedy.”
Therefore, you can ask also other money, like those mentioned by you, or other kind, if you can demonstrate that you actually had those supplementary costs.
Hope it helps.
Best regards,
Alina

Construction Law

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Alina Valentina Oprea

Expertise

I can answer to questions regarding FIDIC 1999 contracts, including practical use of these conditions of contract, as well as to questions regarding dispute boards, both from theoretical and practical point of view. I cannot answer to questions related to other kind of contracts or to procurement process, except to some (limited) extent.

Experience

Implementation of works contracts (FIDIC 1999) financed by different financial institutions, including European Union; claims and disputes; dispute boards See more on www.alinaoprea.com

Organizations
Dispute Resolution Board Foundation

Publications
see http://alinaoprea.com/publications/ ; DRBF Forum Newsletter; Drumuri si Poduri; Revista Constructiilor; SIDiR Newsletter

Education/Credentials
Graduated the University of Civil Engineering Bucharest, Faculty of Railways, Roads and Bridges (1985-1990); Trained under Mr. Gwyn Owen’s pupilage program for arbitrators/adjudicators under FIDIC mentoring program (2006 – 2007)

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