Construction Law/Contractor's claim


I am working as Resident Engineer in Bulgaria. The project is based on Yellow Book edition 1999. My question is: Do I have reasons for rejecting the Contractor’s claim on the grounds of the following information:

Contractor’s claim: When the Contrator made excavation on construction site he discovered different sub-surface conditions. They are different from the Employer’s data for sub-surface conditions given at Tender Stage. The Contractor submited a claim for extension of the time and additional costs.

In addition, in the particular conditions of Contract the Employer stated that the information given as part of the tender documents is ´for information only´and the Employer is no responsible for it. Furthermore, in the Employers requirements it is stated that  there will be a necessity for additional geotechnical surveys.

Best regards -

Stanislav Stoilov

Dear Stanislav,

Clause 4.12 is the relevant clause in this case.  The important criteria is what would an experienced international contractor expect to find?  Given the quality of the Employer's information, the time available for extra investigations and the cost of those investigations, would it have been reasonable for any experienced contractor to do his own investigations prior to submitting his offer? If not, then he has a claim.  Remember, what you consider reasonable may not be the same as a judge would consider reasonable.  

Can you reject his claim?  I cannot advise you on the information given, but perhaps you have enough guidance to decide for yourself.  

Construction Law

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Peter M. Elliott


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 before submitting a question.


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

B Sc(Hons) in Civil Engineering

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