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Construction Law/Claiming for losses in delayed milestone


Dear John,
We are Contractor working under FIDIC 99 red Book. the Appendix to Contract define numerous milestones; if the Contractor fail to meet, delay damages will apply on him.
However, there is one milestone that the Owner actually have delayed us for 20 days without affecting the project Completion (it has a substantial float).
Is it possible under FIDIC to Claim for delay or at least for the losses in time and resources or the resources, eventhough this milestone does not delay the overall Project completion.
Kindly refer to specific FIDIC Clauses upon reply.

Best Regards

Dear Rex,

Thank you for this question.

The short answer is yes. In principle wherever there is a delay by the Employey which prevents the Contractor from achieving progress the Contractor can claim the costs it incurs. This is a disruption claim (or a claim for delays on specific activities) as opposed to a delay claim for the entire project.

The FIDIC contract does not expressly provide for delay claims but such are recognised in law; however the Contractor must stall make a claim under the contract (sub-clause 20.1) and demonstrate its entitlement. There is no reason that the Contractor should cite any particular contract clauses but it should refer to the Employer liability event which caused the disruption.

I hope that this assists you.

Kind regards,
John Dowse

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John Dowse


Legal; contract interpretation; quantum; delay analysis. Practitioner in arbitration, adjudication and mediation.


Thirty-three (33) years experience in building and construction, at all levels both within contracting and consulting organisations. Practising arbitrator, adjudicator, and mediator. Faculty approved trainer for the Chartered Institute of Arbitrators. Lecturer on construction contract forms and dispute resolution practices.

Chartered Institution of Civil Engineering Surveyors Chartered Institute of Arbitrators Institute of Directors Society of Construction Arbitrators

Various UK and International construction and legal publications.

LLB (Hons), Pg Dip (Legal Practice), MCInstCES MCIArb MIOD Barrister

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