Construction Law/Delayed Instructions
We are Main Contractor for a Road Project which refers FIDIC 2005 Harmonized Version.
There are causes for delays due to delay in issuance of Instructions. We have notified each and every case in time as stipulated in Cl 20.1.While executing these works parallel to works in other areas now the Engineer exclude these cases-delayed instruction matters for completion before TOC and asked us to carry out during DLP.
1. Can they exclude only their delays and impose us LD for highlighting our delays (even same items-foot walks is an item the Employer needed to be completed. We had to skip some areas adjacent to problematic areas until instructions are received. Once the same is received and exclude from TOC, they try to apply LD sating that adjacent areas are not completed.
2.If EOT is not granted as it is not necessary since TOC is issued and then how we can recover additional expenses( prolongation cost ) for completing items in these delayed Instructions.
Please explain the contractual situation and how that to be handled.
Thank you for this question.
From your narrative what the Employer is trying to do seems unconscionable. Whilst minor works may be executed, by agreement, during the DLP, I tend to agree with your analysis that the Employer is seeking to avoid its liability for delays.
Without knowing details of the events and considering any delay analysis that has been performed, I cannot say what the proper position would be. At this time, I do suggest that you consider making the issue of TOC, instructions, extension of time and the DLP matters for consideration by a DAB.
I hope that this assists you.
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