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.  

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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

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