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.A notice to this effect was sent to the Owner that we don't believe this work was part of our original contract.
I look forward to your early response.
Thank you for this question.
In the circumstances you have described it seems to me that your best course of action at this time is to elevate the issue to the formal dispute resolution process, declaring a dispute on the basis of the claim and the Engineer's lack of response in a reasonable time. Under the standard FIDIC 1999 this would involve going to the Dispute Adjudication Board; however you should check your contract to confirm the appropriate course of action.
Regarding the claim that "Time is at Large" your question does not provide sufficient information for me to assess the merits of making such a claim. Time at large claims are not a simple to demonstrate as the basic principles suggest, and the presence of the EoT provisions and DAB provisions in the contract would tend against such a claim being supported merely by the Engineer's non-performance at this time.
I hope that this assists you.
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