Construction Law/Time related cost


Dear Sir,

Thank you for your expert advice. I owe you an apology that it was made private unintentionally.

Clause 12.3 does not seem to apply seeing that it does not full fill 12.3(b)(ii) and (iii). So, on what contractual ground the time related cost associated with the extension of time should be claimed?

Could the loss the Contractor encounter because of the reduction in quantities be claimed under Clause 12.4 or on what basis if not?

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


Dear Alemu,

The Contractor has to prove his losses, such as reduced overhead recovery, inefficient working of his plant, and loss of profit.  However, clause 12.4 (c) applies and thus the situation is not the same if there is a balancing extra work, even if it is not the same in nature as the omitted work.  

Construction Law

All Answers

Answers by Expert:

Ask Experts


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

©2016 All rights reserved.