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Construction Law/Notice to claim under Sub-Clause 2.5 & 8.7



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.


Qasim Zeeshan

Dear Qasim,

Thank you for your question.

Firstly, for avoidance of doubt, Delay Damages can only be claimed for the time elapsed between expiry of Time for Completion, as amended by any Extension of Time the Contractor has been granted and actual Taking Over, up to the limit established in the Contract.

Secondly, to stay on the safe side, yes, issue another Notice of Claim under 2.5, as the first one might be connected only with the first expected exceeding of Time for Completion.

That exceeding has in fact, not occurred, due to granted Extension of Time and hence, might have not produced any effect.

For conformity and avoidance of doubt, also suggest you withdraw that one.

Hope that helps

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