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Construction Law/Timing for Emplyer to claim for delay damages


Dear Sir;

Kindly advise about the following issue:

If the contractor submit a revised schedule or updated schedule that shows the delayed completion date for the project and there is no EOT for the contractor, can the employer deduct the delay damages at this point from the next payment or he need to wait until the actual delay occurred.

Noting That:
- The contractor submit his revised schedule at mid of project and before the contractual finish date.
- We using FIDIC (1999 Red Book).
- There is a spacial condition that allows the Employer to deduct the delay damages without any notice

Thank you in advance

Dear Yaser,

Even if the Contract allowed it, and it doesn't, I would hesitate a long time before deducting delay damages ahead of the expiry of the Time for Completion. There is a legal concept called temporary non-conformity.  Despite his programme, the Contractor might adjust his progress aqnd finish within the Time for completion.  Perhaps an EoT will be granted at some time.  Then the Employer would be liable to pay interest on the early deduction of delay damages.  

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Peter M. Elliott


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 before submitting a question.


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

B Sc(Hons) in Civil Engineering

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