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Construction Law/FIDIC disturbance to Contractor

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Question
During Works in the site, Contractor get disturbed by 3rd party (No Employer or Contractor).
What Contractor can do to get remedy?
FIDIC clauses for this problems?
if any claim by 20.1 then how can contractor substantiate his claim? (Records?)

Thanks

Answer
Dear Mayouran,

It depends very much on the nature of the disturbance.  The Contractor might have a claim under clause 19 Force Majeure.  The procedure is clear and any claims must follow clause 20.1.  The claim would have to be substantiated by records in the normal manner.

Alternatively, the disturbance might be covered by the contractor's all risk insurance policy.  For example, if a petrol tanker overturned on a road and the subsequent fuel spillage destroyed the asphalt, this incident would be covered by the all risk policy and not force majeure, or by the lorry owner's insurance if any.  In this case there would be no claim on the Employer.  

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Peter M. Elliott

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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 www.eotprotocol.com before submitting a question.

Experience

Value . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest bidder, it's well to add something for the risk you run.
And if you do that, you will have enough to pay for something better.
. . . John Ruskin (1819 - 1900)
"We are too poor to buy something cheap"
.Romanian Proverb 2002
A lean compromise is better than a fat lawsuit. George Herbert (English poet 1593-1633)
I said it in Hebrew, I said it in Dutch,
I said it in German and Greek:
But I wholly forgot (and it vexes me much)
That English is what you speak!" Hunting of the Snark - Lewis Caroll
Match your presentation to the reader!
The joy of food lasts but an hour, of sleep but a day, of a woman, but a month, but the joy of a building lasts a lifetime. Syrian proverb.
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')

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

Education/Credentials
B Sc(Hons) in Civil Engineering

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