Construction Law/EOT

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Question
Dear Mr. Peter,

I hope you are doing well

I am working as senior QS in UAE. I have a general query related to extension of time. In concurrent delays where the delay has occurred both from the Contractor and the Employer (For example, The employer attributable delay is 120 days and the contractor attributable delay is 70 days) , under what circumstances the Contractor can claim the prolongation costs for the delays attributable to the Contractors risk and responsibility for the above scenario. I am aware that the Contractor is eligible for the enTire 120 days for EOT

Best Regards,

SAJI

Answer
Dear Sanjay,

You do not mention the form of contract nor the applicable law.  The entitlement to costs, and what kind of costs, varies from contract to contract.

As with all questions regarding delay and costs, I suggest that people download and study the SCL Protocol on Delay and Disruption www.eotprotocl.com which has been updated recently.  There are other guides published by American organisations, but they are more complicated to my mind.  

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Peter M. Elliott

Expertise

First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol www.eotprotocol.com before submitting a question.

Experience

Value . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest bidder, it's well to add something for the risk you run.
And if you do that, you will have enough to pay for something better.
. . . John Ruskin (1819 - 1900)
"We are too poor to buy something cheap"
.Romanian Proverb 2002
A lean compromise is better than a fat lawsuit. George Herbert (English poet 1593-1633)
I said it in Hebrew, I said it in Dutch,
I said it in German and Greek:
But I wholly forgot (and it vexes me much)
That English is what you speak!" Hunting of the Snark - Lewis Caroll
Match your presentation to the reader!
The joy of food lasts but an hour, of sleep but a day, of a woman, but a month, but the joy of a building lasts a lifetime. Syrian proverb.
Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')

Organizations
Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation

Education/Credentials
B Sc(Hons) in Civil Engineering

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