Construction Law/Money Claims


QUESTION: Good Day. I really need your advice on this matter, where can the architect tells the contractor that a claim for loss and/or expense cannot be considered until the architect has granted an extension of time? Is this a proper attitude? Looking forward to your kind reply. Thanks

ANSWER: Dear Huang,

Thank you for your question.

As long as you do not provide the Conditions of Contract, I can not possibly know what does your contract provide for.

Nevertheless, I understand that your claim for money is in relation with the claim for time extension as probably the delay caused to you also generates costs.

In that case, you should issue a single claim for both time and money, as entitlement to money is subsequent to demonstrating your entitlement to time extension.

As such, indeed, as long as time extension is not granted, you can not get additional money, but your should have a single claim, for both time and money, rather that waiting to get granted a time extension and then ask for money.

If you do it in two steps, you may loose entitlement to money, as one may construe that through your first claim for time only, you admitted you had no additional costs, or waved your entitlement to.

Thus, please read again your contract provisions in the light of above considerations and work your way around.

Hope that helps.

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

QUESTION: Thanks for your valuable advices.

The form of contract being adopted is JCT 2005

That means the Contractor can make a claim for loss and expense until the Architect has granted an EOT, if the Contractor made a single claim for time and money.

However, if the Contractor claims in two separate ways, he could possibly get both claims but this depends on the Architect's discretion.

Dear Huang,

I am not familiar with those Coditions of Contract, if any further advice needed, please also include the provisions related to the subject.

But in brief, my strong advice is to claim indicating the event that triggered the claim and then the consequences of it, i.e. time and then money.

If you decide to do it in steps, it can be interpreted that by the first claim for money you admited there was not additional cost, or you have waived your entitlement to.

Hope that clarifies the matter.

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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.


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.

Member of Romanian Professional Association of Roads and Bridges; Listed on President's List of Adjudicators of Romanian Association of Consulting Engineers Former member of the Disputes Resolution Board Foundation (DRBF) of United States – nominee on DRBF President’s Disputes Board Members List and of DRBF Chapter for Eastern Europe Former member of Polish Association of Consulting Engineers (SIDiR) – nominee on SIDiR President’s Disputes Board Members National List Member of “” volunteers pool Member of the "Constructions Disputes Resolution Services” International Panel of Construction ADR Specialists" of United States

- Graduate in 1994 the Construction Institute - Graduate of several FIDIC,Procurement and other courses - Graduate of first Disputes Board Members Mentoring Scheme ( - FIDIC Accredited Adjudicator

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