I have an extension of time claim which has already been decided by the Engineer to be rejected. Of course we could choose to dispute the claim further through amicable settlement or arbitration or mediation. However, after the Engineer’s decision, we realized that our claim is not complete. What approach would you advise to take. Is it logical to revise our claim when it has already been rejected and furthermore we do not have further evidence to offer or should we just include the additional claim when we go for further dispute or should we submit it as a separate claim? The trouble about submitting it as new claim is we would lose entitlement for associated cost claim as our Conditions of Contract has a condition precedent of 60 days notice. What best approach could we take?
Thank you for this question. Please accept my apologies for the delayed response.
Provided that your revised claim is still closely related to the original claim submission, that is you are claiming extension of time for the same event(s) albeit on a different evidential basis, I think you can safely resubmit the claim without being time barred.
Without seeing the relevant contract clauses I cannot be certain on the strength of the time limitation clause, however I can state that the standard FIDIC clause relates only to the timing of the notice of intention to claim and not to the evidential submissions.
I hope that this assists you.
Follow me on Twitter: @CernoOrg
For my regular industry newsletter e-mail to firstname.lastname@example.org, stating SUBSCRIBE in the subject line
Training and consulting services are available, bespoke to companies and individuals.
John Dowse can be contacted by e-mail to email@example.com (When e-mailing, please include “AllExperts” in the subject line.)