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We are working on project have the different date of completion for groups within the project and LD and bonus will be imposed/paid according to the group containing 4-3 buildings.

On one building with the completion date in Jan-2013 there interference by the local administration on boundary wall due to size of plot (possession issue) and the plot size reduced for which a revised design and drawings were issued in Jul-13 for boundary wall/retaining wall.Please note that without boundary wall sewerage and water supply line could not be executed.Now we are asking EOT from Jan-13 to Aug-13 ( execution period required for boundary/retaining wall) but the Consultant has raised the issue as the building was completed (inside work) on Jan-13 therefore the EOT request is unsustainable.Kindly give your point of view.

Dear Amjad Hussain

Thanks for your question. I am sorry for the late response as there was problem receiving my mails in the past. Coming to your question, I understand that the term completion as defined in your Contract means completion of all the works of the building including the boundary wall and related works. Moreover, completion of works inside the building is not mentioned as a milestone or section under the Contract. I therefore conclude that the Engineer is bound to consider the completion of the building as one whole work including boundary wall and related works and should allow Extension of Time (EOT) on the basis of delayed supply of drawings. However as you also did not complete the works inside the building where there was no constraints, you are not eligible for any extra cost related to this extension as you are also responsible for such delay. I would suggest to you to study SCL Delay protocol which deals with such time extension cases and which is used and accepted globally.

I hope this answers your question. If you still need any further clarification please do not hesitate to ask.

Abdul Majid Khan  

Construction Law

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Abdul Majid Khan


I am interested in questions related to time Extension, Liquidated Damages,variations, price adjustments,payments, disputes and Dispute Board under FIDIC IV, FIDIC 1999 and FIDIC 2006 Harmonized Documents.


I have been heading the Construction Management Division and Contract Divisions of National Engineering Services Pakistan (PVT) Limited, NESPAK, the largest Consulting Engineering Firm in Pakistan, for more than seven years and two years respectively. I have also worked as "The Engineer" on a number of projects. I have been working in Saudi Arabia for about seven years on a road projects. Additionally I worked as Arbitrator and am member of few Dispute Boards in individual capacity on Asian Development Bank funded projects.

Inland and in Middle East. I have worked with National Engineering Services Pakistan (Pvt) Limited (NESPAK)as my Employer for more than 27 years in Pakistan. In Saudi Arabia I worked for Rashid Engineering, Consulting Engineers during 80s. After retirement I provided advisory services to NESPAK on technical and contractual matters to its various divisions and lately I was appointed as Advisor to Managing Director NESPAK on Technical and Contractual matters. Currently I work as Free Lance Contract Specialist on Fidic Form of Contracts.

I am a graduate with a B.E (Civil Engineering) degree. My year of graduation is 1970.

Awards and Honors
A few appreciation Letters and Honorariums during my service in NESPAK. I remained member of Administrative Committee and Board of Management of NESPAK. I had been part of the Management Committee in the absence of Managing Director.

Past/Present Clients
Most of the Clients used to be Government Departments, Corporations and Authorities. In Saudi Arabia the Client was Ministry of Communications. As Arbitrator and Dispute Board (DB) member, I provide services to various Government Departments and Contractors.

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