Construction Law/Construction Law
Contract under FIDIC 2006 MDB version. The Contractor's program included a road section to be started on 15th December 2011. Due to some design changes needed, the Engineer instructed the contractor not to work on this section. The Contractor has not started work there yet. After the design change, the Engineer instructed the contractor new drawings and instructed to start work on 20th March 2012. The Contractor gave notice of claim under s.cl 20.1 only on 25th January 2012 (28 days after the due date)Can the Engineer set off this delay of giving notice (28 days)from the contractor's entitlement of EOT ? Has the Employer not waved the notice requirement when he considered EOT? of a belated claim. Thank you
Thank you for your question.
I am inclined to consider the stated case as a variation under clause 13 due to change in drawings and consequent suspension of works from 15 December to 25 January 2011. In fact Engineer could have asked contractor's own proposal before ordering this change. Under these contractor could have claimed EOT as well as monitory compensation. This has a bit different methodology from dealing it as a claim. Can you please clarify how this approach can fit in your case?