Construction Law/FIDIC 8.5

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Question
I am working in a project as a Project Engineer, I have instructed my contractor to proceed do some work under provisional sums. He has followed the contract and submitted a delay notice regarding this works.

the activity is for external works and to me they are stand alone activities form the main works (Building). at the current moment the contractor dosent look like he will finish the original work on time irespetive of the work under provisional sum.

its it possible to award extension of time for the additional works alone or it will apply to the whole works?

Answer
If you don't have those works to which you want to award extension of time defined as a "Sector" in your Contract (see the Definitions chapter in the FIDIC Contract), then there is a sole Date of Completion and the extension of time given will apply to the whole Contract.
The extension of time can be given, according to the Contract, only for delays caused by events and circumstances which are not in the responsibility of the Contractor. If the Contractor delay himself (from causes in his responsibility) the works, he is not entitled to extension of time, but the Employer is entitled, subject to the clauses 2.5 and 8.7 of FIDIC 1999, to Delay Damages.
Hope this helps.
Best regards,
Alina

Construction Law

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Alina Valentina Oprea

Expertise

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.

Experience

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

Organizations
Dispute Resolution Board Foundation

Publications
see http://alinaoprea.com/publications/ ; DRBF Forum Newsletter; Drumuri si Poduri; Revista Constructiilor; SIDiR Newsletter

Education/Credentials
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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