Construction Law/EOT


Dear Sir

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.

Kind regards,
John Dowse

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John Dowse


Legal; contract interpretation; quantum; delay analysis. Practitioner in arbitration, adjudication and mediation.


Thirty-three (33) years experience in building and construction, at all levels both within contracting and consulting organisations. Practising arbitrator, adjudicator, and mediator. Faculty approved trainer for the Chartered Institute of Arbitrators. Lecturer on construction contract forms and dispute resolution practices.

Chartered Institution of Civil Engineering Surveyors Chartered Institute of Arbitrators Institute of Directors Society of Construction Arbitrators

Various UK and International construction and legal publications.

LLB (Hons), Pg Dip (Legal Practice), MCInstCES MCIArb MIOD Barrister

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