Construction Law/EOT-Rate Revision


Dear Sir/Madam,


A Variation was instructed for the changing the location and design of a bridge. The Variation caused reduction in the quantities of earthworks and increased quantities related to structural works.

1.   Kindly advise us how we should deal with the extension of time. Should the impact of the reduction in the quantities of earthworks be considered on the Contractor’s Work Programme or only that of the increased quantities to evaluate the Contractor’s entitlement to any extension of time?

Rate Revision

The nature of works resulting from the Variation is similar to that of the Works included in the Contract.  

Would the contract necessitate revision of rates to be made at this stage because of the increase/decrease in the quantities? Or should it be necessary to wait for the final quantities at the completion stage?

Kindly be informed that the Contract is based on FIDIC Multilateral Development Bank Harmonized Edition June 2010.

Being deeply indebted in advance and looking forward to receiving your expert advice, I remain.


Dear Alemu,

1.  As with all EoT matters, I suggest that the parties download and study the SCL Delay and Disruption Protocol  It is a bit dated now, but it is still the best guide to presenting and agreeing EoT claims. You have to consider both when calculating the EoT, provided that the Contractor had sufficient notice so that he could accommodate the reduced quantities.

2. Normally, the rates would not be revised at this stage, unless clause 12.3 applies.  Perhaps you are thinking of the provision in FIDIC 4 if the Contract Price varied from the Accepted Contract Sum by more than +/- 15%, which does not apply to FIDIC '10.  

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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.


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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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