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



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.


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 ----------


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?


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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