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Construction Law/extension of general requirement


i am running project( contract) under fidic 99 as lump sum contract .the project extended because of  client event(changes) 6 month under clause question is the contractor entitle for extension of general requirement items mentioned in BO AS SEPARATE AND UNDER WHICH CLAUSE.
NOTE:IN clause 20.1: phrase( any or additional payment) is deleted in particular conditions

Dear jamal alibrahim,

Firstly BoQ's and lump sum contracts are an oxymoron, unless the purpose of the BoQ is defined very very carefully.  Thus any rates included in the BoQ may or may not be relevant.  

Do you mean 'and/or any additional payment,' in the first paragraph of clause 20.1?  Has the equivalent phrase been removed throughout the clause?  In any case, I do not think that it makes any difference.  I believe that there is a concept of unjust enrichment, or something like that, in Sharia law and most civil codes.  The purpose of claims is to restore both parties to the state that they were in before the event occurred.  If the Employer has delayed the progress and you have extra expense, then it should be reimbursed, irrespective of what is written in the BoQ.  Unfortunately, some employers try to load the dice and penalise the contractor unfairly and some contractors are wise enough to sign such contracts.  

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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.


Value . . .
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Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')

Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation

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