Construction Law/parallel EoT
We are using and following Fidic 99, 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 16.1.2013...so 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 impact....so if am submitting both claims separate...how 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.
My comments will be general in nature and based on the assumption that nothing is written under LOA and Particular Conditions.
Based on par.2 of Subclause 20.1, if the Contractor fails to give notice (within 28 days) no Extension of Time shall be granted and the Contractor shall not be entitled to additional payment.
Yes, the Engineer may reject your claim based on failure to submit a timely notice pursuant to par.1 of subclause 20.1, however the Engineer should carefully look at the validity of the Contractor’s claim rather than simply rejecting it based on late submission of notice.
Calculation of EoT is based on the logic and sequence of the Schedule. You need to do a delay analysis and from there you can get the number of days (eot) due to any claimable delays under the contract. In the absence of the schedule being discuss I cannot comment further regarding number of delays and actual EoT.
Hope the above helps.
Jonathan L. Peralta