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Construction Law/28 days Entitlement of Notification


Hello Femi,

This is additional info to my previous queries about CDD requirements. What if the contractor late notice 28 days as per Clause 44 is there a chance that contractor be liable within this clause and still comply with the CDD requirements with no cost implication (CDD result comes out last April 28, 2013 & it is only last June 1 they inform the CLient of such new CDD requirements with corresponding cost implication).

Thank u again.



Time bar for notices in contracts have been a subject of contentions in most contracts i have seen but the fact remains that, no contract has actually been penalised because of non-compliance with the time specified for which notice should be served. I have always argued that, the time cap stipulated for notices in any contract is not what determines or qualifies a claim to be a claim but incidences and or circumstance of the causation i.e. either by express instruction, implied instruction or statutory requirements which was not part of the contract. As such, time cap would of necessity not be a "material ground" which is substantially enough on its own upon which a claim can be disqualified. What most contracts, indicated is that, should any non compliance with time bar for notices has caused losses either in information or otherwise, such claims would be determined to such extent considering its implication of such loss on the determination to be made.

Summarily, i mean, non-compliance would not deprive the Contractor of his entitlement to determination on the claim.



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Femi Alofe


I can answer all questions relating to the followings: 1. Contract Administration - variations, contract clauses interpretation, all post contract procedures, valuations and certificates questions, extension of time issues and prolongation cost matters. 2. Contract Practice - Any questions regarding forms of contract like JCT, FIDIC & other Bespoke forms. 3. Quantification, measurements and Estimating questions 4. Contracts and construction law questions and dispute resolutions problems. 5. All FIDIC Conditions of contracts


Out of my 24 years experience in construction industry, i have the following specific experience: 1. Contract Administration - 15 years in contract administration with over 10yrs in Managerial positions covering africa and the middleeast. 2. Contract Practice - 15 years experience with over 10yrs in Managerial and expert positions covering africa, north america and the middleeast. 3. All pre-contract procedures, Tendering, Quantification, measurements and Estimating questions - 20 years experience. 4. Contracts and construction law questions and dispute resolutions problems - 15 years experience with over 10yrs in Managerial and expert positions and 5 years expert witness and active practice in arbitration proceedings covering africa and the middleeast.

1. FAIQS - Fellow, Australian Institute of Quantity Surveyors, Australia 2. FRICS - Fellow, Royal Institution of Chartered Surveyors, UK 3. CCP - Certified Cost Professional AACEI, USA 4. PQS - CIQS, CANADA 5. ACIArb. - CIArb, UK 6. MNIQS - NIQS, NIGERIA 7. RQS - QSRBN, NIGERIA

1. AACEI RP on Estimating, 2010

1. B.Tech (QS) 2. RICS professional course, CEM - UK 3. MSc , UK NARIC 4. Professional Doctorate ( to commence 2016)

Past/Present Clients
1. Larsen & Toubro Ltd, Dubai UAE 2. Larsen & Toubro (oman) LLC 3. Archi + Web consortium, Abuja Nigeria 4. George Dike & Associates, Minna Nigeria 5. Public works Authority (Ashghal), Doha Qatar

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