Construction Law/Prolongation Cost

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Question
Dear Sir
In accordance with FIDIC Red Book 1999, delay caused by other than the Contractor as mentioned in the Sub-Clause 8.4 (a), (c), (d) & (e); the Contractor is only entitle to EOT (not Prolongation Cost), under Sub -Clause 8.4[Extension of Time for Completion].

Because the Sub-Clause 8.4,not mention any Cost inured by the Contractor due to EOT.

Then under what Sub-Clause, the Contractor has to claim Prolongation Cost.

Answer
Hi Sudantha
The simple answer to your question is that there isn't one - there are many.
If you look at the relevant clause that allows you to claim an extension of time it will say if you are allowed to claim costs as a result of the delay.
Such as 4.12 Unforeseeable Physical Conditions
or clause 13 - Variations and Adjustments.
You will not find the word "prolongation" in the document but the word "costs" will include the cost of extended prelims for delay.
It must be COST not value so make sure your cost records are complete and up to date.
Best regards
Mike Testro

Construction Law

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Mike Testro

Expertise

Anything related to extensions of time and delay analysis.

Experience

45 years in the Construction Industry 15 Years as a consultant delay analyst - I now hold myself to be expert in this field.

Organizations
Society of Construction Law Adjudication Society ex Planning Engineers Organisation

Publications
6 articles on the relevance of the India Contract Act 1872 and its relevance to modern construction in India. Waiting Publication

Education/Credentials
Associate Member of the Institue of Building

Past/Present Clients
Currently employed in India by Punj Lloyd as expert delay analyst. Engaged in ongoing arbitrations and EoT claims. Prior an Indepenent consultant in delay analysis.

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