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Construction Law/JBCC Series 2000 Edition 5.0 July 2007


We are currently busy with a building where we have cast concrete and we have just recently received our cubes results. The cube results have failed and we decided with the Consultant Engineer that it would be best to core coloms to make sure that concrete has in fact failed. WE did cores and they have also failed.
We have now broken the coloms but have lost valuable time.
Can i claim an extention of time?

Good Day Ricardo,

I am sorry to hear about your situation with the failed concrete tests. My answer to your question is yes.

You are allowed to claim for an extension of time but without additional cost, since this is not a compensable or excusable delay. However it is left to the Engineer to grant you this time or not. The Engineer may also consider his right to impose Liquidated Damages for each day that the completion date is exceeded and at a rate stated in the contract.

In claiming for an extension of time you may have to produce a revised work programme and establish the new date that you are proposing to complete the contract works.

I hope that the Engineer is sympathetic towards your request.

Best regards

Kermit Dick

Construction Law

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


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.

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

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]"

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)

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