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Construction Law/EoT for works executed in DLP

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Question
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.

regards

Answer
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

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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')

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

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B Sc(Hons) in Civil Engineering

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