Construction Law/Extension of time

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Question
Dear Florin,

Hope you are doing fine.

It has been so long since my question last time.

If a Contractor has claimed for extension of time based on  a number of delaying events, but then submits that some of the events have been considered to have overlapping effects:

In the first place, would it be that the Engineer leaves-out all sub-claim heads from the analyses, which are admitted by the Contractor as having overlap effect or would it be the Engineer will also be required to assess those delaying events, which the Contractor submitted to have overlapping effect?

If the Engineer is not required to assess those delaying events, which the Contractor submitted to have overlapping effect, what about when no extension is determined to be due with the other delaying events the Contractor relied upon. Would in this case be necessary for the Engineer to evaluate those delaying events the Contractor consisted as having overlaying effect and  make determination?


Being deeply indebted in advance to hearing your expert advice, as usual of course, I remain

Alemu

Answer
Hello Alemu,


Good to hear again from you, thank you for your new question.

No, all delay events must be analysed and their net effect on the Critical Path, quantified.

So: if you have an event causing a delay of say, 5 days and another one, of 7 days, out of which 2 days are overlapping, the overall EoT should be 10 days - obviously, a very simple example.

That is for the case where both events are attributable to the Employer.

Nevertheless, if an event is attributable to the Contractor and one to the Employer, the overlapping part shall be considered as concurrent delays and one needs to analyse which one is the dominant delay. But that is a more complicated theory that would need more time and space to explain.

Hope that helps.  

Construction Law

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Florin NICULESCU

Expertise

Questions related to Civil Engineering Contracts, using FIDIC or other Conditions of Contract, concerning Procurement procedures and documents (pre-qualification, tendering and contracting) and Services/ Works Contracts implementation matters including Determinations, Payments, Time Extensions, VOs, Claims/Disputes. Additionally, questions related to dealing with International Financing Institutions. Can also answer questions in Romanian. Can not answer improperly formulated questions.

Experience

Over 20 years of experience in the field of design, works supervision, construction, management of aid funds and technical assistance for various types of contracts implementation, including severe conflictual contractual situations leading to Claims and disputes. Claims/ Contract management, Disputes adjudication, Arbitration.

Organizations
Member of Romanian Professional Association of Roads and Bridges; Listed on President's List of Adjudicators of Romanian Association of Consulting Engineers www.aric.org Former member of the Disputes Resolution Board Foundation (DRBF) of United States – nominee on DRBF President’s Disputes Board Members List www.drb.org and of DRBF Chapter for Eastern Europe http://dabdrb.googlepages.com Former member of Polish Association of Consulting Engineers (SIDiR) – nominee on SIDiR President’s Disputes Board Members National List http://www.sidir.pl/sidir/index.php?action=czlonkowie&a2=r Member of “AllExperts.com” volunteers pool http://www.allexperts.com/user.cgi?m=4&expID=85358&catID=914 Member of the "Constructions Disputes Resolution Services” International Panel of Construction ADR Specialists" of United States www.constructiondisputes-cdrs.com

Education/Credentials
- Graduate in 1994 the Construction Institute - Graduate of several FIDIC,Procurement and other courses - Graduate of first Disputes Board Members Mentoring Scheme (http://www1.fidic.org/resources/adjudicators/pupilage.html) - FIDIC Accredited Adjudicator

Past/Present Clients
- Several State organisations/Ministries , such as Ministry of Transport, National Admistration of Roads, Ministry of Regional Development (former Ministry of European Integration), Public Works and Housing, Central Contracting and Financing Unit in Romania and also in Turkey, Croatia and Macedonia - Numerous Western based private consultancy companies - full CV and other relevant information available at www.abinitio.ro

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