You are here:

Construction Law/Extension of Time & Penalty

Advertisement


Question
As a QS of Main Contractor, Under NEC or FIDIC 1987 4th edition:My question; In our Contract Condition with the Employer, there will be no penalty or LD to be employed to the Main Contractor and no Performance Bond either, Can the Main Contractor claim an EOT with equivalent amount of money if the delay is on the part of Employer (ex. delay in issuance of final Interior design)? Is the Main Contractor has the right to Claim EOT and Cost for Preliminaries?

Answer
Hello Jun,

I will answer based on FIDIC contract mentioned.

Quite intriguing why your Contract does not have conditions regarding LD and no Performance Bond was required.

If necessary sub-clauses are not deleted and nothing is mentioned in your contract waiving claims for additional cost and time due to default of the Employer, then you can claim. Sub-clauses 44.1 and 44.2 are relevant to your case.

Hope this helps.

Regards,

Jonathan Peralta  

Construction Law

All Answers


Answers by Expert:


Ask Experts

Volunteer


Jonathan L. Peralta

Expertise

Questions relating to construction claims, Extension of Time, Variations, Interim Payment and delay analysis under FIDIC Form of Contracts.

Experience

Experience in the following sectors: buildings, residential, infrastructure, civil and marine works. Have worked for different international contractors in Myanmar, Vietnam and the Philippines.

Organizations
AACEI, U.S.A., Dispute Resolution Board Foundation,U.S.A., ASCE, U.S.A., PICE,Philippines

Education/Credentials
Bachelor of Science in Civil Engineering, Registered Civil Engineer in the Philippines

©2016 About.com. All rights reserved.