Construction Law/PINK BOOK FIDIC 2010
How are you
sir project duration is none months but due to redesign contractor claim seven month extension how we get rid of it we grant interim extension or full extension and also what about the escalation because originally contract have no escalation due to nine month.
Thank you for your question.
I am fine and appear that you have joined SMEC on the flood rehabilitation project. Am i right?
Coming now to your question on Pink Book provisions, I can come up with a appropriate reply if reasons for seven month delay are also detailed along with data like weather these delay events are covered as contractor or Employer risk as per contract ? In the absence of this, i can give a general response as follows.
1. As client is responsible for the design, and the project is financed by an MDB (or a group of MDBs) but the Employer will not carry out the design (that is, where the 1999 Red Book would not have applied), the parties should not use the Pink Book without amendment. They should have considered using one of the other FIDIC Forms of Contract (for example, the Yellow Book or Silver Book). To assist the parties in this situation, in spring 2010 FIDIC released guidance on adapting the Pink Book for use on a design-build project. Unfortunately i do not have a ready copy at the moment to provide more than this comment on this aspect unless you provide more details as i have clarified earlier.
2. Regarding escalation payments for the additional 9 month period, this has to be left for the contractor in the form of a claim subsequently depending on the reasons and risk of the party as per contract.