Construction Law/EXTENSION OF TIME

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Question
DEAR SIR HOW ARE YOU
I AM USING FIDIC IV FOR THIS SPECFIC QUESTION


PLEASE CLARIFY THAT IF WE GIVE THE EXTENSION OF TIME TO CONTRACTOR FOR COMPLETE  PROJECT SO WE GIVE HIM AS PER CLAUSE 44.1 OR 44.3.

44.3 IS INTERTIM NOT FINAL, I NEED COMPLETE EXTENSION IN A ONE GO NO FURTHER EXTENSION AFTERWARD, USE WHICH CLAUSE 44.1 OR 44.3


REGARDS

IMRAN SATTAR

Answer
Dear Imran Sattar,
Thank you for your question.I have following comments to offer.
1. The EOT can only be given when the activity causing delay is on the critical path and so we have to first see clause 14 program submitted and later revised, as per actual scenario.
2. Has the contractor submitted revised program for consideration of his EOT request. Please do not forget to carry out delay analysis by studying total as built and as planned scenario.
3. The application of clause 44.1 or 44.3 is dependent on the nature of the cause and is it still continuing. The EOT can be given at the completion stage also for once only but problem comes about contractor's entitlement to stay on the project once he has passed the completion date given the the contract. It is for this reason the contractor is given interim EOT to be finally reviewed once the project scope of work is completed.
4. As per your stated case, i feel clause 44 .1 is the relevant clause.
Regards,
Liaqat Hayat

Construction Law

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Liaqat Hayat

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I can answer questions based on FIDIC 4 and FIDIC 1999 [design-build] with particular reference to time extension , price adjustment and disputes. I am in particular more inclined for response to points pertaining to how claims should be framed and put up in case of technical or other contractual shortcomings. Regarding procurement matters I have spent over 5 years as procurement specialist for highway authority and dealt with numerous claims and disputes in the capacity of "The Engineer" .

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