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Construction Law/Evaluation ofCost claim


Dear Sir,
We have determined and notified EOT of 45 days due to additional work of concrete piles which was required under the abutment of a barrage work. During this additional work,the Contractor's all equipment and resources were  in use on other activities to be performed under the Contract and there was nothing idling of equipment. The Contractor has raised cost claim and is claiming  depreciation & FCCM cost,besides claiming other indirect cost.I,m not sure for which cost he is entitled to. Please note that conditions are of MDB harmonized version 2010.Please advise and help.

Engr. Arshad

Hi Arsad
So you have determined and awarded a 45 (calendar?) days EOT due to extra piling work.
At the same time the contractor was fully engaged on other sections of the work which was presumably sub critical.
My advice is to check that the progress of this concurrent work did no more than use up float and the extra piling was the true cause of the delay.
If the there was no stoppage or downtime of the site deployed resources and they were all engaged in productive work then they cannot claim any extra costs for deployment.
Time related site prelims may be a valid claim head.
Best regards
Mike Testro

Construction Law

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Mike Testro


Anything related to extensions of time and delay analysis.


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

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

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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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