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.