Construction Law/Clause 8.7 Fidic 99


Dear Sir
I am contacting you to inquire about issue related to clause 8.7 in fidic red book (99)
The contractor shall complete the whole of the works , within the time for completion for the works .
The question is
1.   If the contractor fails to comply with sub clause 8.2 , the contractor shall subject to pay delay damages to the employer for this default .
These days damages shall be paid for every day which elapse between the relevant time for completion and the date stated in the taking-over certificate .
My question is if the date of completion as the contract is 1/1/2013
And the date of completion in the taking-over certificate is 10/1/2013
Is the total amount of days damages (10) days or (8) days .
Best regards

Dear Shadi,

Clause “day” means a calendar day and “year” means 365 days.

From the FIDIC Guide 'Since "day" means any (working or non-working) calendar day from midnight to midnight, time periods specified in days commence on the beginning of the day following the date of the act which constitutes the starting-point.'  The answer is neither 8 days, nor 10 days, but rather 9 days, although I can see that there could be a case for 8 days.  

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Peter M. Elliott


First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol before submitting a question.


Value . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
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Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')

Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation

B Sc(Hons) in Civil Engineering

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