Construction Law/Claims

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Question
I wish to kindly ask your valuable explanations to the questions I have enumerated below.

1.   Relating to principles of CONCURRENCY

1.1   About Contractor’s entitlement to an extension of time and prolongation cost  in the event of the Contractor’s and Employer’s delaying event running parallel, and

1.1.1   when the Contractor’s delaying event is dominant; and
1.1.2   when the Employer’s delaying event is dominant.

1.2   What would be a Contractor’s entitlement to an extension of time and prolongation cost  in the event of the Contractor’s and Employer’s delaying event running parallel, and the Employer’s delaying event is for example a significant increase in quantities of a critical activity requiring additional time for the execution of such increase in quantities.

2.   Relating to Design and Build Project under FIDIC, first edition 1995

2.1   To what extent a Findings Report (for instance for recovery and enhancement of a failed Bridge) the Employer provides to Bidders would be decisive [required to be sufficient and sound] to grant extension of time and associated costs if the Contractor claims that because he encountered a condition different from that was stated in the Findings Report and because of this  he lost time and incurred significantly high additional cost as he was required to adopt a methodology different from the one he proposed based on the contents of the Findings Report .

Being deeply indebted in advance and looking forward to receiving your replies soon, I remain

Answer
Dear Alemu
Hello
I am taking an opportunity to reply your question.
1.1.1 When the Contractor's delaying event is dominant and the same time Employer's delaying event running parallel.
1.1.2 When the Employer's delaying event is dominant and the same time Contractor's delaying event running parallel.
1.2 Contractor’s entitlement to an extension of time and prolongation cost  in the event of the Contractor’s and Employer’s delaying event running parallel, and the Employer’s delaying event is for example a significant increase in quantities of a critical activity requiring additional time for the execution of such increase in quantities.

In above conditions contractor's entitlement to an extension of time and prolongation cost will be valued by the Engineer separately as the contractor's claim under provisions of contract agreement and Employer's claim under the provisions of contract agreement. Both claims can'nt be clubbed together.

2.1 If the Contractor suffers delay and/or incurs Cost as a result of an error in the
Employer's Requirements, and an experienced Contractor exercising due care
would not have discovered the error when scrutinising the Employer's Requirements
under Sub-Clause 5.1 [General Design Obligations], the Contractor shall give notice
to the Engineer and shall be entitled subject to Sub-Clause 20.1 [Contractor’s
Claims] to:
(a) an extension of time for any such delay, if completion is or will be delayed, under
Sub-Clause 8.4 [Extension of Time for Completion], and
(b) payment of any such Cost plus reasonable profit, which shall be included in the
Contract Price.
After receiving this notice, the Engineer shall proceed in accordance with
Sub-Clause 3.5 [Determinations] to agree or determine (i) whether and (if so) to
what extent the error could not reasonably have been so discovered, and (ii) the
matters described in sub-paragraphs (a) and (b) above related to this extent.

I hope this will help to you. If any further explanation needed. you will be come back without any hesitation.

With due regards

SANJAY KHANDELWAL

Construction Law

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Sanjay Khandelwal

Expertise

I can answer related to the various construction contracts forms related with disputes and claims.Expertise in to evalute the extension of time,cost and profit claims.I can answer regarding the contract management in civil works.

Experience

I have the experience of construction industry, as a consultants,executor of construction activities of infrastructure development like road and buildings. I have the experience of various software related to design of highways and quantity evaluation.

Organizations
I am life member of Indian Road Congress,INDIA I am presently employed with M/s Lion Engineering Consultants,INDIA

Education/Credentials
My educational qualifications are as below: I am engineering graduate from MITS, INDIA,1987 I have completed my Post graduation from NIT,INDIA,2011

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