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Construction Law/EoT for works executed in DLP


We are having a FIDIC (4th edition 1984) Contract for our project. The original contract period had to be extended due to Employer's caused delays. In the extended period, we (the Engineer) issued instructions to the Contractor for some additional works. Nature of the work was such that it did not affect the ongoing other construction activities. The Contractor did not execute the additional works due to lack of resources. After substantial completion of original scope of work, TOC has now been issued to the Contractor despite the non-completion of additional works. It is now agreed by all parties that the pending additional works will be executed during Defect Liability Period (DLP).

The Contractor has applied for EoT based on the instructed additional works. Our point of view on the matter is that the Contractor is not entitle to get EoT for any additional work executed in DLP.

Please review and comment.


Dear Syed Khalid,

In general, I would agree with you, but the Contractor might be able to prove his case.  He might have a case if he can prove that the additional works were on the critical path and that it was impossible to mobilise the extra resources due to late issuing of the instruction or for whatever reason.  In an extreme case, it could be that a large crane was needed for the work, but all large cranes were fully occupied until a later date.  However, if it was a matter of employing another dozen labourers, then it would difficult to support his case.  

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Peter M. Elliott


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 before submitting a question.


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