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Construction Law/Additional work instructed during DLP


I have questions regarding the additional works were instructed during DNP Under the FIDIC IV (RED BOOK)contract.Please clarify followings;
1.Can additional works instructed during Defect Notification Period?
2.The additional works were instructed and same have been completed by the contractor under same contract with in Defect Notification Period. Now, Can contractor may ask for performance certificate after expiry of Defect Notification of whole completed work?
3. Is there any need to taking over certificate seperately for the additional work and contract agreement keep open up to expiry of DNP of additional works?
Thanks in advance.


Hello Sanjay,

Good to hear again from you, thank you for your question.

No, the FIDIC books do not provide for allowance of any variation of the Works.

That answers your first query, and indeed, takes you outside the Contract with the additional works, instructed during DNP.

As such, I can not answer queries 2 and 3, as the Contract in place does not cover them.

All I can do, is to think of some solutions, in the given situation:

2. As there is no specific provision for the additional works, I would say yes. Eventually. Employer may ask for a guarantee for the additional works, separately from the Works under the original Contract.

3. I would say yes, as a Takig Over Certificate has been probably issued for the under the original Contract.

As you are outside the Contract, I could not provide some fully fledged answers, but hope that my suggestions would help.

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