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Fidic clause 20.1 - what does it mean in practice?

+1 vote
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if a Contractor is already late and working beyond the agreed completion date are they entitled to any further extensions of time for things like exceptionally adverse weather, force majeure?  We have a couple of contracts that were in this scenario (being substantially late) when Cyclone Winston came along and we have also had fairly bad weather events since as well.
 
Another example is a Contractor who is now substantially late but an event has occurred recently which could be considered unforeseen physical conditions (essentially damage to the road by a logging Contractor driving on the road when it is officially closed).  If the Contractor had finished on time we wouldn’t have this issue but on the other hand it does seem a little harsh that they are now being delayed further by something essentially outside their control (and obviously are still being charged delay damages for each day they are late).
asked May 10, 2016 in Construction Contract (Red Book) by anonymous   2
   

1 Answer

0 votes
Under FIDIC Clause 20.1, and assuming an English law approach, the contractor is entitled to an extension of time if he is on site and delayed by an event under clause 8.4 at any point before Completion. The risk profile of delays does not change after the contractual completion date has passed. The Contractor would only be entitled to the period during which the delay occurred (not the entire period up to the end of the event).

Personally I am not sure the road damage is ground conditions sounds more like a failure to secure the site adequately, whoever held that responsibility.
answered May 10, 2016 by Rob Horne (9,030 points)