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Construction Law/"Event" - EOT Claim Fidic '87


Hi Peter,
Trust all is well with you in the UK..!

I have a contract which has conditions based around FIDIC '87 and as usual a delay has occurred and EOT submitted. In Middle East it is common for all Contract Documents to be issued prior to start of the works, which includes 'Issue For Const Drwgs'

Question: The Contract Documents include a tender programme which indicates that the IFC Drwgs are to be issued on Day 1 of the contract. The Full Contract Documents were not issued until a month later due to insurance issues with the Client and a late change of wording requiring signatures etc.

Is this delay the responsibility of the Client?..OR is it to be considered an 'event' under the conditions of contract which the contractor should have submitted an EOT claim...?

The Contractor is not responsible for preparation of the documents as this is carried out by the Engineer and passed to the Employer.

Can the Engineer ignore the Tender programme as a tender document??

Any help would be most appreciated.


Neil Fox

Dear Neil,

When delays and extensions of time are mentioned, I suggest that people download and study the SCL Delay and Disruption Protocol, even if it is not written into the Contract.  It is a good guide to the basics of a claim for an EoT.  

Even if the delay is the responsibility of the Employer, the Contractor must still submit a claim for an EoT.  You have to prove that the late issue of the drawings delayed a critical activity on your programme, and by how much, irrespective of what was shown in the tender programme.  If the delay did not delay a critical activity, then you will have problems justifying your claim for an EoT.  

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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.


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