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Construction Law/Delay in submitting Variation

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Question
Dear Sir,

I am working as Quantity Surveyor for a Hotel Project in Dubai. The project is based on Fidic 87, the Contractor had submitted the notification for additional cost and time for some changes identified in IFC drawings. It has been more than 6 months and the contractor has not submitted as interim or detailed particulars about the additional cost and time. He is still entitled for this claim as the time has already exceeded as per clause 53.3.

Secondly what is the purpose of clause 53.4 Failure to Comply.

Regards

Harish Bhatia

Answer
Dear Harish,
Clause 53.3 stipulates that; "Within 28 days, or such other reasonable time as may be agreed by the Engineer,of giving notice under Sub-Clause 53.1, the Contractor shall send to the Engineer an account giving detailed particulars of the amount claimed and the grounds upon which the claim is based. Where the event giving rise to the claim has a continuing effect, such account shall be considered to be an interim account and the Contractor shall, at such intervals as the Engineer may reasonably require, send further interim accounts giving the accumulated amount of the claim and any further grounds upon which it is based. In cases where interim accounts are sent to the Engineer, the Contractor shall send a final account within 28 days of the end of the effects resulting from the event. The Contractor shall, if required by the Engineer so to do, copy to the Employer all accounts sent to the Engineer pursuant to this Sub-Clause."

As you may notice that the above clause does not bring a bar of 28 days for submission of particulars of Contractor claim. " Or such other reasonable time " has to be agreed by the Engineer and the Contractor and if there is no such agreement on submission, or there is a continuing effect, you can still consider that the Contractor is entitled for his claim.

The purpose of the clause 53.4 is to provide contemporary records by the Contractor to justify his claim. If he can not justify by providing such records. his entitlement may be limited with the assessment of the Engineer and/or Arbitrator.

Best Regards

IRVALI

Construction Law

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ALI IRVALI

Expertise

FIDIC, Arbitration Procedures, Claim Management, Project Management.

Experience

I have experience of working at 6 countries in MENA region (algeria, Libya, Saudi Arabia, Oman, Pakistan)as the Regional Director and General Manager of a construction company. I have experience on various applications of FIDIC and construction law, arbitration procedures, claim management, project management.

Organizations
CEO of TURCON Construction presently. www.turcon.com.pk

Education/Credentials
M.S. Civil Engineer, Various Courses on Project Management, Seminars on FIDIC.

Past/Present Clients
National Highway Authorities of various countries, Water and Power Development Authorities, Karachi Port Trust, etc.

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