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Construction Law/Design and Supervision Contract


Hi Alina.

This is a general question: an engineering firm was appointed to design and supervise works [2 major components to be be tendered separately].
The design was completed but the tendering was delayed for one component and the other one yet to be tendered and the contract for the Engineering firm was expired.

In general terms, what are the likely claims and compensation can be submitted by the engineering firm with 2 scenarios:

1. The client wants the Engineering Firm to continue with extension of the supervision contract! can the engineering firm claim the full amount of the contract for supervision?
2.The clients wants to continue with one component while want to cancel the supervision for the second component.

Hi, Jo,
1. If I understand well, it would be the full amount for design (which was done) and supervisions (which was not done because of the delay in tendering of the works) paid plus the supervision paid again when it will be done, as per your question.
It depends on the exact provisions and wording of your contract, but I doubt that this can be possible. Though, some "time running costs", including overhead may have been incurred by the consultant while waiting the works contracts to be signed and these are to be recovered from the Employer/Client. Also, the profit for the period of delay which was not caused by the consultant can be claimed, or, alternatively, it can be about some amounts regarding lost opportunities to go and make profit on another project for the period of extension, for the consultant company and/or for the experts, if it was the case. Then, the amounts related to the effective supervision, as per the provision of the contract, should be paid, based on the reports that will be produced and/or timesheets related to the days/months actually worked, for the experts.
2. in the second case, the claims can be similar, but it can be also a loss of profit for the portion of supervision that will not be done, but it was foreseen when the consultant tendered for this design and supervision contract.
Hope these will give you some hints.
Best regards,

Construction Law

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Alina Valentina Oprea


I can answer to questions regarding FIDIC 1999 contracts, including practical use of these conditions of contract, as well as to questions regarding dispute boards, both from theoretical and practical point of view. I cannot answer to questions related to other kind of contracts or to procurement process, except to some (limited) extent.


Implementation of works contracts (FIDIC 1999) financed by different financial institutions, including European Union; claims and disputes; dispute boards See more on

Dispute Resolution Board Foundation

see ; DRBF Forum Newsletter; Drumuri si Poduri; Revista Constructiilor; SIDiR Newsletter

Graduated the University of Civil Engineering Bucharest, Faculty of Railways, Roads and Bridges (1985-1990); Trained under Mr. Gwyn Owen’s pupilage program for arbitrators/adjudicators under FIDIC mentoring program (2006 – 2007)

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