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Construction Law/associated cost related to exceptional weather condition


QUESTION: Dear Peter M. Elliott

For extension of time related to exceptional weather condition,the Contractor has claimed for associated costs. Is the Contractor entitled for costs? is it not mutually exclusive and neutral case? The condition of contract is FIDIC 1999.

Best Regards,

ANSWER: Dear Lilly,

Clause 8.4 (c) gives the right to an extension of time, but no entitlement to cost.  Clause 17.3 (h)raises the possibility of compensation for exceptionally adverse climatic conditions. Of course, the Contractor has to prove his case.

---------- FOLLOW-UP ----------

QUESTION: Dear Peter M. Elliot,

I thank you very much for your timely reply.

What exactly should we reqire ( as Client) the Contractor to prove his entitlement under Clause 17.3 when only time is entitled under Clause 8.4?

Thanks once again and I will look forward to receiving of your response.

Dear Lily,

Clause 17.3 deals with loss or damage due to exceptional climatic conditions.  The actual entitlement for reimbursement due to loss or damage is specified under clause 17.4 (b).  The entitlement is for loss or damage due to exceptional climatic conditions, such as an exceptional flood or typhoon.  The Contractor has to prove that the conditions were exceptional, which I suppose that he has done for his claim for EoT. Then he has to prove loss or damage, which could not have been mitigated by an experienced contractor and which is not an insurable risk, whether or not it was insured. This clause does not cover the Contractor's costs merely due to an EoT.  

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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

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