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Construction Law/Employer's Claim Notice

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Question
Dear Alina,

In our Contract which is based on FIDIC MDB 2006, a notice under Sub-Clause 2.5 & 8.7 was submitted to the Contractor just before the expiration of Time for Completion but afterwards an Eot was awarded and a new Time for Completion was established. But the Contractor failed to complete the Works within extended Time for Completion. Has the Engineer or Employer again had to submit notice under 2.5 of GCC or the previous notice submitted to the Contractor suffice the requirement of Sub-Clause 2.5 GCC which states that notice shall be given as soon as practicable and no longer than 28 days after the Employer become aware, or should have become aware, of the event or circumstance given rises to the Claim. I am inclined to again submit the notice because expiration of extended Time for Completion is a new event which gives rises to the claim. I will be happy to receive your valuable comments.

Regards,

Qasim Zeeshan

Answer
Dear Qasim,
It would be safer for the Employer to issue a new notice of claim under 2.5. In my view, the notice should be just AFTER the new date for completion, not before. If the old notice only would be kept, there would be arguments on its validity in the new conditions/event, with a new time for completion, and the situation would be more complicated, with reasons from the applicable law, other cases etc. - life would be good for lawyers, not for the project.
So, you are right, it should be a new notice.
Best regards,
Alina  

Construction Law

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Alina Valentina Oprea

Expertise

I can answer to questions regarding FIDIC 1999 contracts, including practical use of these conditions of contract, as well as to questions regarding dispute boards, both from theoretical and practical point of view. I cannot answer to questions related to other kind of contracts or to procurement process, except to some (limited) extent.

Experience

Implementation of works contracts (FIDIC 1999) financed by different financial institutions, including European Union; claims and disputes; dispute boards See more on www.alinaoprea.com

Organizations
Dispute Resolution Board Foundation

Publications
see http://alinaoprea.com/publications/ ; DRBF Forum Newsletter; Drumuri si Poduri; Revista Constructiilor; SIDiR Newsletter

Education/Credentials
Graduated the University of Civil Engineering Bucharest, Faculty of Railways, Roads and Bridges (1985-1990); Trained under Mr. Gwyn Owen’s pupilage program for arbitrators/adjudicators under FIDIC mentoring program (2006 – 2007)

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