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Construction Law/Material & Shop drawing


Dear Sir

According to the 1987 FIDIC SCL 6.4, the Contractor can claim for the EOT & Prolongation Cost for the Delay of the Material & Shop drawing approvals by the Employer.

However under 1999 FIDIC SCL 1.9, the Contractor cannot claim for the EOT & Prolongation Cost for the same delay.

The reason is different of definitions under SCL 1.1 (b) (iii) & under the 1987 & 1999 FIDIC Contracts.

Please give your comments



Hi Sudantha
There is no point in commenting on variations in different construction contracts.
You have work within the agreed text.
The root cause of the matter falls within the universally accepted principle that a contracting party cannot gain from his own default. Known as the Prevention Principle in Western jurisdictions or Unjust Enrichment in others.
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.

Society of Construction Law Adjudication Society ex Planning Engineers Organisation

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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