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Construction Law/FIDIC 1999/ Delay Claims

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Question
What claims and under what clause should a contractor claim for delays of (i) Late Payments and (ii) delay designs

Regards
Anup

Answer
Hi,
For delays in payment:
1. Apply 14.8 penalties for late payment, and
2. 16.1 suspension of works, then 20.1 and 8.4 gor recovering the extra costs and extension of time gor the delays and costs determined bu the suspendion.
For late design:
1. Notice 1.9 in the FIDIC Red Book, then,
2. if delays and extra costs occur, 20.1 and 8.4.
In order to recover costs and get extension of time, uou need to prove that indeed there were delays in the Emoyer's risk and that you incurred extra costs.
Best regards,
Alina

Construction Law

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Alina Valentina Oprea

Expertise

I can answer to questions regarding FIDIC 1999 contracts, including practical use of these conditions of contract, as well as to questions regarding dispute boards, both from theoretical and practical point of view. I cannot answer to questions related to other kind of contracts or to procurement process, except to some (limited) extent.

Experience

Implementation of works contracts (FIDIC 1999) financed by different financial institutions, including European Union; claims and disputes; dispute boards See more on www.alinaoprea.com

Organizations
Dispute Resolution Board Foundation

Publications
see http://alinaoprea.com/publications/ ; DRBF Forum Newsletter; Drumuri si Poduri; Revista Constructiilor; SIDiR Newsletter

Education/Credentials
Graduated the University of Civil Engineering Bucharest, Faculty of Railways, Roads and Bridges (1985-1990); Trained under Mr. Gwyn Owen’s pupilage program for arbitrators/adjudicators under FIDIC mentoring program (2006 – 2007)

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