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Construction Law/FIDIC 1999 - Cost Associated with Extension of Time

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Question
QUESTION: Hie,

Could you please advise on which contractual provision, under FIDIC 1999, can a contractor claim for additional payment/Cost [time related P & G's] associated with an extension of time? Assuming the contractor wants to submit a sub-clause 20.1 notice and there have to state the specific clause.

Regards

ANSWER: Dear Ishmael,


Thank you for your new question.

For claiming for anything (time, money), there must be a reason. Something must have happened. The Employer delayed you, or caused you some costs, or an unforeseen condition occurred, etc.

Only based on such event, one can determine under which Sub-Clause, or Sub-Clauses, it falls and decide the way forward.

There are numerous Sub-Clauses under which a Contractor can claim time, money, or time and money.

Unless you describe the event, obviously, I can not direct you.

Claiming under any Sub-Clause whatsoever, just because that Sub-Clause allows claiming for time and money, it would be frivolous and your claim would be doomed.

Please thus identify your event, realistically assess the incurred loss and try identifying the right Sub-Clause. I think it is useful for you to learn that process.

Once you have done that, you can always come back to me with the details and will gladly guide you.

Hope that helps.

---------- FOLLOW-UP ----------

QUESTION: Hie,

Sorry I did not include the specifics.

The extension of time claim is in retrospect and relates to several variations issued by the engineer in accordance to FIDIC 1999 sub-clause 13.1(e)without necessarily following sub-clause 13.3. in this instance the contractor's representative went ahead with the works without advising the engineer of the time and cost consequences.

sub-clause 8.4(a) cover the time claim. Which sub-clause can one rely on to request for additional P & G's in event of the time for completion being surpassed because of the variation work?

Regards

Answer
Dear Ishmael,


Thank you for coming back with that clarification.

The answer is indeed in Sub-Clause 8.4, point a), which clearly says "(a)   a Variation (unless an adjustment to the Time for Completion has been agreed under Sub-Clause 13.3 [Variation Procedure]) or other substantial change in the quantity of an item of work included in the Contract,".

Couldn't be clearer!

Good luck!

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Florin NICULESCU

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Questions related to Civil Engineering Contracts, using FIDIC or other Conditions of Contract, concerning Procurement procedures and documents (pre-qualification, tendering and contracting) and Services/ Works Contracts implementation matters including Determinations, Payments, Time Extensions, VOs, Claims/Disputes. Additionally, questions related to dealing with International Financing Institutions. Can also answer questions in Romanian. Can not answer improperly formulated questions.

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Over 20 years of experience in the field of design, works supervision, construction, management of aid funds and technical assistance for various types of contracts implementation, including severe conflictual contractual situations leading to Claims and disputes. Claims/ Contract management, Disputes adjudication, Arbitration.

Organizations
Member of Romanian Professional Association of Roads and Bridges; Listed on President's List of Adjudicators of Romanian Association of Consulting Engineers www.aric.org Former member of the Disputes Resolution Board Foundation (DRBF) of United States – nominee on DRBF President’s Disputes Board Members List www.drb.org and of DRBF Chapter for Eastern Europe http://dabdrb.googlepages.com Former member of Polish Association of Consulting Engineers (SIDiR) – nominee on SIDiR President’s Disputes Board Members National List http://www.sidir.pl/sidir/index.php?action=czlonkowie&a2=r Member of “AllExperts.com” volunteers pool http://www.allexperts.com/user.cgi?m=4&expID=85358&catID=914 Member of the "Constructions Disputes Resolution Services” International Panel of Construction ADR Specialists" of United States www.constructiondisputes-cdrs.com

Education/Credentials
- Graduate in 1994 the Construction Institute - Graduate of several FIDIC,Procurement and other courses - Graduate of first Disputes Board Members Mentoring Scheme (http://www1.fidic.org/resources/adjudicators/pupilage.html) - FIDIC Accredited Adjudicator

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- Several State organisations/Ministries , such as Ministry of Transport, National Admistration of Roads, Ministry of Regional Development (former Ministry of European Integration), Public Works and Housing, Central Contracting and Financing Unit in Romania and also in Turkey, Croatia and Macedonia - Numerous Western based private consultancy companies - full CV and other relevant information available at www.abinitio.ro

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