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Construction Law/Failure to Timely Notify / Submit Variation Claims

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Issam wrote at 2013-08-04 08:38:39
I just wish to emphasize the significance of a timely notice from the view point of an Employer.  The provision is not there to make the Contractor works for free.  By failing to give an Employer a timely notice of additional cost/time the contractor is depriving the Employer the right to reconsider the instructions that would result in additional cost/time.  Perhaps once the Employer realizes that there would be additional cost/time, or that the additional cost is above his budget he might then reconsider the change.


Tara Nath Sapkota wrote at 2013-08-13 14:13:35
In this case, it is clear that the Contrctor has to notify his intention of a claim for  payment of additional cost arisen from any event (variation) within 5 working days when the Contractor becomes (should have become) aware of the event giving an entitlement to him of claim for payment  extra money and he needs to submit detailed particulars within 15 days. It means that the Contractor has to take initiation to make proposal of additional cost. Therefore, the Employer is discharged from all liabilities of payment of additional cost since the Contractor failed to notify his intention of claim and substantiate it.


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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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