Construction Law/Financial Claims

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Question
Dear Sir,
Iam working in a construction project. We have prolongation in our contract beyond tge contractual completion date of the project due to variations and changes issued from the owner. We submitted a study for extion of time including the time impacts for these variations and there is extension of time will be issued soon. Now we are preparing a financial claim for :
- Prelims (general Requirements)
- OH
- Loss of Profit
- Acceleration / Disruption
- Cost of Finance
- Cost of renew the certificates (insurance, performance bond, ...)

My question:
what is the contractual clauses from Fidic which supports the above mentioned claims.

Thanks Alot

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Answer
Dear Hosam,

It all depends on the reason for the EoT.  Some clauses allow simple expenses while others allow cost and some profit and overhead.  It all depends on the reason for the EoT.  If you look in the guide to FIDIC 99 Conditions of Contract page 91, you will see a complete list of the clauses that allow the Contractor to claim for reimbursement of costs.  If you wish to claim for acceleration / disruption, then you should down load and study the SCL Protocol on Delay and Disruption, www.eotprotocol.com  It is a very good guide on the requirements for delay and disruption claims.  

Of course, you have to submit your claim under clause 20.1 within the specified time limit.

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Peter M. Elliott

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First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol www.eotprotocol.com before submitting a question.

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Value . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest bidder, it's well to add something for the risk you run.
And if you do that, you will have enough to pay for something better.
. . . John Ruskin (1819 - 1900)
"We are too poor to buy something cheap"
.Romanian Proverb 2002
A lean compromise is better than a fat lawsuit. George Herbert (English poet 1593-1633)
I said it in Hebrew, I said it in Dutch,
I said it in German and Greek:
But I wholly forgot (and it vexes me much)
That English is what you speak!" Hunting of the Snark - Lewis Caroll
Match your presentation to the reader!
The joy of food lasts but an hour, of sleep but a day, of a woman, but a month, but the joy of a building lasts a lifetime. Syrian proverb.
Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')

Organizations
Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation

Education/Credentials
B Sc(Hons) in Civil Engineering

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