Construction Law/EOT Claims


Dear Sir

Is it still possible to revise a claim when the Engineer has already issued a decision? Revise meaning additional claim.

Dear Vicky,

Of course you may.  I presume that the Engineer has rejected your claim in accordance with clause 20.1.

Clause 20.1 states that
"Within 42 days after receiving a claim or any further particulars supporting a previous claim, or within
such other period as may be proposed by the Engineer and approved by the Contractor, the Engineer shall respond with approval, or with disapproval and detailed comments."  

Assuming that the Engineer has given detailed comments as to why he disapproved your claim, and that you can correct the missing details, then you can resubmit your claim, especially if you think that the Engineer is wrong in law and you have case law to support your case.  However, I would consider carefully before doing so.  If you resubmit the claim just to be argumentative, then you are likely to fail.  Try to be as objective as possible and consider whether you have a real chance of winning the claim, or it would be better to wait for another opportunity.  If you still disagree, then you must raise the case with the DAB or move to arbitration.  

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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 . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest bidder, it's well to add something for the risk you run.
And if you do that, you will have enough to pay for something better.
. . . John Ruskin (1819 - 1900)
"We are too poor to buy something cheap"
.Romanian Proverb 2002
A lean compromise is better than a fat lawsuit. George Herbert (English poet 1593-1633)
I said it in Hebrew, I said it in Dutch,
I said it in German and Greek:
But I wholly forgot (and it vexes me much)
That English is what you speak!" Hunting of the Snark - Lewis Caroll
Match your presentation to the reader!
The joy of food lasts but an hour, of sleep but a day, of a woman, but a month, but the joy of a building lasts a lifetime. Syrian proverb.
Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')

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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