Construction Law/parallel EoT


Dear Sir,

as per Fidic 99(we are following), LS contract, programme not yet approved, contract yet to be signed and we are proceeding on the LOA....the engineer said to us to follow the tender documents until we sign the contract including the condition of contract

We have submitted notice to claim as per fidic 1999 clause 20.1 for delay of drawings issuance based on clause 1.9 with, after 68 days from the date the contractor aware or should be aware the detailed claim has been submitted, in our contract it is very clear that notice to be submitted within 28 days and full detailed claim within 42 days...can the engineer reject the claim because we exceeded the 42 days of detailed claim submittal?

And this first claim submitted with EoT of 41 days since it impacted the CP...we received the IFC drawings on 5.3.2013 instead of impact is 41 days of delay with total cost including indirect cost and head office and profit 13 million...

the other question...we are submitting second claim now for late of handing over based on clause 2.1... handing over of part of the project should be done on 16.2.2013 while we got it partially on 20.4.2013...secon claim will have impact of 54 days and 17 million cost if  am submitting both claims much second claim EoT will be? is it 54 days or 54-41(first claim)while the first claim change the date of completion from 14.12.2015 to 26.1.2016 and the second claim changed the date of completion from 14.12.2015 to 15.2.2013.

thanking you in advanced for your time.

Dear Feras,

Sorry for the late answer because of some technical reasons.

Yes the Employer has right to reject your claim because of late submission as per the Contract. However you have right to request a further evaluation from the Employer. Moreover if the case goes to arbitration, the reality of existance of claim will not be unvalid because of only late submission.

Your claims overlap eachother. In this case you shall go on seperate submission until the final evaluation. In final evaluation you shall prove the total delay as a lump-sum from the work schedule and request for only one overhead and profit.


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Daniel Kazado


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