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Construction Law/Time Extesnion - Special Circumstances

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Question
Hi Mike:
Would be grateful to receive your answer to the following question:
Question: Special circumstances has not been defined. What type of events can be considered as "Special circumstances of any kind whatsoever" and what type of events cannot be considered. Also how does one interpret "fairly to entitle". How does the Engineer judge what is fair and what is not?
In my project the Contractor has claimed EOT quoting this clause for delay by the traffic police in giving approvals for traffic diversions to allow the Contractor carry out the asphalt layer.
Thanks in advance
Best regards
Suprio

Answer
Hi Suprio
"Special Circumstances" is the kind of loose phraseology that should be avoided when drafting any contract. My interpretation is an event that was not caused by either of the two parties.
This is known as Neutral Causation.
The words "Force Majeure" are similar but usually you get a defined list of events.
So if my interpretation is correct then delay by the traffic police on approving diversions would fall into the Special Circumstances category. Usually these neutral events allow an EoT but no money so check the contract to see what events allow money to be paid.
Best regards
Mike Testro

Construction Law

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Mike Testro

Expertise

Anything related to extensions of time and delay analysis.

Experience

45 years in the Construction Industry 15 Years as a consultant delay analyst - I now hold myself to be expert in this field.

Organizations
Society of Construction Law Adjudication Society ex Planning Engineers Organisation

Publications
6 articles on the relevance of the India Contract Act 1872 and its relevance to modern construction in India. Waiting Publication

Education/Credentials
Associate Member of the Institue of Building

Past/Present Clients
Currently employed in India by Punj Lloyd as expert delay analyst. Engaged in ongoing arbitrations and EoT claims. Prior an Indepenent consultant in delay analysis.

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