The Contractor has submitted a interim EOT for the period of 3 months against the continuing delay event by the Employer subject to submission of final claim after completion of the event. Please clarify whether the Engineer can issue interim determination under s.cl 3.5 of FIDIC 1999. Please clarify whether interim determination allow in the FIDIC
The contract does not provide for an interim determination, however the FIDIC Guide does say that in practice an interim determination can be made as long as it is clear that it is subject to review when further particulars are available. That so-called ‘interim’ determination would be binding on the parties.
Although this does seem to create some confusion, it can be rationalised by allowing the engineer only to determine limited matters in regard to an extension of time and then, when further information is available, have the engineer determine a further matter.
Bear in mind that it is the engineer’s responsibility to first act in a quasi-mediator role between the parties to try and broker an agreement before moving on to make a determination. During that process, the information available, not available, and the scope of the determination will likely be will discussed.