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Construction Law/Additional work instructed during DLP


Dear Peter M. Elliot
I have a question regarding additional work was instructed after taking over of project work and time extention for the same was granted beyond the expiry of Defect Notification period Under the FIDIC IV (RED BOOK)contract.Please clarify followings;
1.Can additional work instructed during Defect Notification Period?
2.The additional work was instructed and same has been completed by the contractor under same contract with extended period which was beyond Defect Notification Period. Can contractor ask for performance certificate after expiry of extended date as the Defect Notification Period has already been expired?

a lot of thanks in advance for such help.


Dear Sanjay,

1. My understanding is that no new work can be ordered during the DNP.  Only instructions connected with defects or repair work due to third parties are compatible with the Contract during the DNP.  

2. You instructed extra work, when you had no right so to do.  The Contractor out of his kindness completed the work.  Now he asks for a performance certificate on this extra work.  Do the right thing and issue a performance certificate as requested.  

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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.


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.
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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
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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')

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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