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Construction Law/FIDIC 1999 Sub clause 11.3

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Question
Dear Sir,

Please clarify the meaning of this statement in Sub Clause 11.3 in FIDIC 1999..
"If delivery and/or erection of Plant and/or Materials was suspended under Sub-Clause 8.8 [ Suspension of Work ] or Sub-Clause 16.1 [ Contractor’s Entitlement to Suspend Work ], the Contractor’s obligations under this Clause shall not apply to any defects or damage occurring more than two years after the Defects Notification Period for the Plant and/or Materials would otherwise have expired."

Thank You

Answer
Dear Fernando,

Let say your Defects Notification Period is 2 years and originally shall end on December 2013 and you received a 3-month Extension of Time (awarded) due to action of the Engineer under subclause 8.8, consequently your Defects Notification Period shall be adjusted and will now expire on March 2014 instead of the original December 2013.

This now exempts you from any obligations mentioned under clause 11 for the 3-month period only (January to December 2014 only) as mentioned under par.2 of subclause 11.3

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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