Construction Law/Prolongation Cost

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Question
QUESTION: 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: Indeed, the Sub-clause 8.4 deals only with extensions of time, but when the Contractor makes a claim, all the relevant clauses should be mentioned, for example 20.1, 2.1 and 8.4 (in the cases when the Contractor did not receive the access to the Site in due time). You will see that the Sub-clause 2.1 entitles, in certain conditions described in the Sub-clause 2.1, the Contractor to extension of time, Cost and profit.
Another example: in case of unforeseeable physical conditions encountered on Site, in certain conditions described in the Sub-clause 4.12, the Contractor is entitled to extension of time and Cost - this case, the claim should be according to 20.1, 4.12 and 8.4.
These are only 2 examples, but according to your specific situation, you should refer to the relevant Sub-clause, that deals with your situation, besides 20.1 and - if you ask time, too, 8.4.
Hope it helps.
All the best!
Alina

---------- FOLLOW-UP ----------

QUESTION: Dear Madam

In Variations the relevant clause to refer is Sub-Clause 8.4 and it not mention any Prolongation Cost.

Sub-Clause 20.1 not give any entitlement, it defines just claim procedure only.

Therefore in Variation situations, what is the clause which stipulates entitlement of Prolongation Cost.

Answer
In Variations you have the Sub-clauses 13.1 and 13.3 and the evaluation as per the Clause 12, but these are for the works themselves, not costs for prolongation.
The prolongation costs are not mentioned as such in the FIDIC contract, but they are asked by the Contractors when it is about an extension of time and consists in the costs which are time related - usually some of the items from the General Items.
Some experts in FIDIC contracts are of the opinion that prolongation costs can be asked according to the the Sub-clause 4.12 [Unforeseeable physical conditions]
Hope this helps.
All the best!
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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