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Construction Law/Fidic 1999 Red Book - Third Party Distrubance

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Question
Contractor gets some kind of disturbance to carry out the Work due to third party third party's work. Under FIDIC what are actions Contractor will have to take under such circumstances?

Answer
Dear Dhanushka,

First, what kind of “disturbance” does the Contractor is experiencing and who is the “third party” you are referring to.

This depends on what is written in the contract and also the applicable law.

There are circumstances under FIDIC contracts that entitles the Contractor to an Extension of Time and additional cost and this depends on the event that the Contractor is experiencing.

Let say a delay caused by the Employer’s other contractor on Site. If this event will delay the Time for Completion, then the Contractor is entitled to an Extension of Time pursuant to sub-clause 8.4.

The Contractor is required to submit a notice to the Engineer. Sub-clause 20.1 of FIDIC 1999 stipulates the complete procedure that the Contractor should follow if he considers himself entitled to an Extension of Time and/or any additional payment under any clause of the Condition of Contract.

Hope the above helps.

Regards,

Jonathan L. Peralta

Construction Law

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Jonathan L. Peralta

Expertise

Questions relating to construction claims, Extension of Time, Variations, Interim Payment and delay analysis under FIDIC Form of Contracts.

Experience

Experience in the following sectors: buildings, residential, infrastructure, civil and marine works. Have worked for different international contractors in Myanmar, Vietnam and the Philippines.

Organizations
AACEI, U.S.A., Dispute Resolution Board Foundation,U.S.A., ASCE, U.S.A., PICE,Philippines

Education/Credentials
Bachelor of Science in Civil Engineering, Registered Civil Engineer in the Philippines

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