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Construction Law/Extension of Time & Penalty


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?

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.


Jonathan Peralta  

Construction Law

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Jonathan L. Peralta


Questions relating to claims, Extension of Time, Variations, Interim Payment and delays utilizing FIDIC Form of Contracts.


Extensive experience gained from international contractors in Vietnam, Myanmar and the Philippines in various sectors including: infrastructures, marine works, civil and buildings.

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

Bachelor of Science in Civil Engineering, Registered Civil Engineer in the Philippines

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