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Construction Law/EXTENSION OF TIME AND MOB. ADVANCE RECOVERY

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Question
DEAR SIR,

I AM USING FIDIC 1987, CAN I GRANT EXTENSION OF TIME PRIOR TO ACTUAL COMPLETION DATE OF CONTRACT (ABOUT SIX MONTHS EARLIER) AND RECOVERY OF MOBILIZATION ADVANCE AS PER CONTRACT OR NEW EXTENSION OF TIME?

Answer
Dear Imran Sattar,

Thank you for your question and good to hear it from you. Where are you these days?

As I could understand from the text of the question, it appears s that Contractor wants to finish the project 6 month earlier than stipulated in Contract. For this I would suggest that first Contractor be asked to submit a revised program showing how he intends to curtail the completion time given in the Contract. If acceptable, preferably an amendment be got signed between two sides as it involves financial implication as well. Accordingly, the recovery of Mobilization Advance shall also be recovered as per revised date of completion agreed between two sides through an amendment on the basis of methodology provided in the contract.
With best wishes and regards.
Liaqat Hayat  

Construction Law

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Liaqat Hayat

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I can answer questions based on FIDIC 4 and FIDIC 1999 [design-build] with particular reference to time extension , price adjustment and disputes. I am in particular more inclined for response to points pertaining to how claims should be framed and put up in case of technical or other contractual shortcomings. Regarding procurement matters I have spent over 5 years as procurement specialist for highway authority and dealt with numerous claims and disputes in the capacity of "The Engineer" .

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