Construction Law/EOT

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Question
Dear John,
We are working under FIDIC 1999.
A request for EOT was submitted to the Engineer/Client some two months ago but they have not responded back as yet.
We are left with three months to contractual end date.
Please advice as to what course of action should we adopt to protect our right and if they don't respond can we take it as Time At Large situation.
I must also point out that the the engineer does not consider our item for EOT to be extra to our scope although we believe it was not included in our original tender submission.
I look forward to your early response.
Best Regards
Abdul Moid

Answer
Dear Abdul,
Thank you for your question passed on to me.
Your description of the case in sub-para 4 appears to give the impression that you have a disagreement with the Engineer on some works whether it is a part of original scope of work or not. So you need to proceed initially as per provision of clause 20.1 in your contract which reads as"If the contractor consider himself to be entitled to any extension of time ------".At the moment i can advise so much as initial and urgent action.We can discuss further once I have some details.
Regards-liaqat hayat

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Liaqat Hayat

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I can answer questions based on FIDIC 4 and FIDIC 1999 [design-build] with particular reference to time extension , price adjustment and disputes. I am in particular more inclined for response to points pertaining to how claims should be framed and put up in case of technical or other contractual shortcomings. Regarding procurement matters I have spent over 5 years as procurement specialist for highway authority and dealt with numerous claims and disputes in the capacity of "The Engineer" .

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