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Construction Law/Claim for EoT and Additional Payment


Dear Sir,
We gave our Intention to Claim for Extension of Time of Completion and Additional Payment on August 09th 2013. as follows:
"The Employer was due to make advance payment 42 days from the issuance of the Letter of Acceptance, so the deadline for the advance payment was June 28 2013. Because of the lack of the advance payment, the Contractor had to finance the preparation of construction site and mobilization of all required resources which made significant burden and financial loss to the contractor. Therefore, once the advance is fully paid, the Contractor be forced to claim EoT for the period of which the Employer will be late with payment.Furthemore, the Contractor shall consider the question of reimbursement of all costs arising from aforementioned problems and let you know about the details."
The questions are:
When is the deadline to send our fully claim to the Engineer and what should the claim contain.Whether  should it be separated claims for EoT and
the additional payments?
I would very much appreciate your help.

Kind regards,

Hi Nika
Non payment of the Mobilisation percentage is a reason for not starting the work at all.
However you showed good faith and started with your own money.
It may be difficult to establish delays caused directly by cash flow problems unless you can point to specific items that you could not pay for within your finance profile.
You are certainly entitled to claim interest on the period that the Mobilisation remains unpaid.
I would consider stopping work on any construction items until mobilisation is paid.
Your deadline for claim submission should be set down in your contract.
Best regards
Mike Testro

Construction Law

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Mike Testro


Anything related to extensions of time and delay analysis.


45 years in the Construction Industry 15 Years as a consultant delay analyst - I now hold myself to be expert in this field.

Society of Construction Law Adjudication Society ex Planning Engineers Organisation

6 articles on the relevance of the India Contract Act 1872 and its relevance to modern construction in India. Waiting Publication

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Currently employed in India by Punj Lloyd as expert delay analyst. Engaged in ongoing arbitrations and EoT claims. Prior an Indepenent consultant in delay analysis.

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