Construction Law/Construction law
FIDIC 2006 MDB version, English Law
An Expressway Contract. The Engineer suspended work on a section of the expressway in order to do some design changes. After three months instructed to resume work without any change in the design. The contractor utilized his resources on other sections to mitigate his delay due to his own reasons. He claimed EOT and the Engineer recommended and the Employer granted three months extension. The Contractor gave notice of additional money due to disruption but did not submit a detailed claim. Is the Engineer obliged to recommend any additional money calculated by him according to available information?
Thanks for a response.
The principle is burden of proof, meaning in Latin “omnius probanda”
Who is claiming must prove his entitlements
Therefore if the Contractor has a claim he must prove his entitlements it is not the duty of the Engineer to do it. Therefore if the Contractor did not submit his requirements nobody is going to do it instead. Nothing claimed=nothing received. The Engineer does not have the jurisdiction to make such calculation instead the Contractor.
Hope it helps