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    A Practical Guide To The 1999 Red & Yellow Books, Clause8-Commencement, Delays & Suspension

    Uploaded by

    tab77z
    This document summarizes and provides guidance on Clause 8 of the FIDIC Red and Yellow Books, which deals with extensions of time for completion. It describes the requirements for the Contractor to notify the Engineer of any events that could delay completion or increase costs. It also outlines the various situations that may entitle the Contractor to an extension of time, such as variations, adverse weather, or delays caused by the Employer. The Contractor must still comply with the notice and claims requirements of Sub-Clause 20.1 to obtain an extension.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    A Practical Guide To The 1999 Red & Yellow Books, Clause8-Commencement, Delays & Suspension

    Uploaded by

    tab77z
    188 views4 pages
    This document summarizes and provides guidance on Clause 8 of the FIDIC Red and Yellow Books, which deals with extensions of time for completion. It describes the requirements for the Contractor to notify the Engineer of any events that could delay completion or increase costs. It also outlines the various situations that may entitle the Contractor to an extension of time, such as variations, adverse weather, or delays caused by the Employer. The Contractor must still comply with the notice and claims requirements of Sub-Clause 20.1 to obtain an extension.

    Original Description:

    fidic

    Original Title

    A Practical Guide to the 1999 Red & Yellow Books, Clause8-Commencement, Delays & Suspension

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    This document summarizes and provides guidance on Clause 8 of the FIDIC Red and Yellow Books, which deals with extensions of time for completion. It describes the requirements for the Contractor to notify the Engineer of any events that could delay completion or increase costs. It also outlines the various situations that may entitle the Contractor to an extension of time, such as variations, adverse weather, or delays caused by the Employer. The Contractor must still comply with the notice and claims requirements of Sub-Clause 20.1 to obtain an extension.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    188 views4 pages

    A Practical Guide To The 1999 Red & Yellow Books, Clause8-Commencement, Delays & Suspension

    Uploaded by

    tab77z
    This document summarizes and provides guidance on Clause 8 of the FIDIC Red and Yellow Books, which deals with extensions of time for completion. It describes the requirements for the Contractor to notify the Engineer of any events that could delay completion or increase costs. It also outlines the various situations that may entitle the Contractor to an extension of time, such as variations, adverse weather, or delays caused by the Employer. The Contractor must still comply with the notice and claims requirements of Sub-Clause 20.1 to obtain an extension.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 4

    FIDIC users' guide: A practicnl guide to the 1999

    Red nnd Yellow Books

    work in advance of the programme should be agreed with the Engineer.


    Any such advance working might also be highlighted in the monthly
    progress report.
    The Contractor is required to give notice to the Engineer of any events
    or circumstances that may adversely affect the work, increase the
    Contract Price or delay the execution of the Works. This requirement
    for a notice from the Contractor covers virtually anything that has an
    adverse effect on the activities of the Contractor and not just matters
    that affect the programme or for which the Contractor intends to
    submit a claim. It is in addition to the requirement for claims notices
    under Sub-Clause 20.1 although a delay or price situation will frequently
    result in notices under both clauses. The Sub-Clause 8.3 notice must be
    given 'promptly', which is much quicker than the 'not later than 28
    days' requirement for the Sub-Clause 20.1 notice. Flowever, this notice
    appears to serve the same purpose as the potential delay notices under
    other Clauses, such as the delayed drawing or instruction notice under
    Sub-Clause 1.9 (RB).
    The Sub-Clause 8.3 notice is

    in effect an 'early warning notice' and


    gives the Engineer the opportunity to take action to overcome the

    problem before the Contractor incurs delay or additional cost. There is


    no requirement for the Contractor to meet with the Engineer to discuss
    the problems and possible solutions, but the Sub-Clause does enable
    the Engineer to require the Contractor to submit estimates and proposals.
    For good management the Engineer would normally meet with the
    Contractor to discuss the potential problem and the best way to overcome
    the problem.

    8.4

    Exlension of Time for Completion

    The Controctor sholl be entitled subiect to Sub-Clouse 20.1 [Conlroclor's


    C/oims] to on extension of the Time for Completion if ond to the extent

    thot completion for the purposes of Sub-Clouse l0.l [Toking Over of


    lhe Works ond Seclions] is or will be deloyed by ony of the following
    COUSES

    (o)

    o Voriolion (unless on odiustment to the Time for Completon hos been

    ogreed under Sub-Clouse 13.3 [Voriolion Procedure]) or oiher


    substontiol chonge n the quontity of on item of work included in the

    Controct;

    (b) o couse of deloy

    (.)

    (d)
    180

    giving on enlitlement to exlension of time under o

    Sub-Clouse of these Condilions;


    exceptionolly odverse climotic conditions;

    Unforeseeoble shoroges in the ovoilobility of personnel or Goods


    coused by epidemic or governmentol octions; or

    Clnuse 8: Conu'nencement, Delnys and Suspension

    gineer.

    (")

    ronthly

    ony deloy, impediment or prevention coused by or oltributoble to


    the Employer, the Employer's Personnel, or the Employer's other
    controctors on the Sile.

    events
    ,se the
    rement

    has an
    natters

    nds to
    notices

    uently
    rust be

    han 28
    no

    under

    under
    :e' and

    ne

    the

    here is
    liscuss
    enable
    posals.

    ith

    the

    Srcome

    roctor's
    I extent

    lf the Controctor considers himself to be eniitled to on extension of the


    Time for Completion, the Controctor sholl give notice to the Engineer in
    occordonce with Sub-Clouse

    20.

    [Coniroclor's C/oims]. When deter-

    mining eoch extension of time under Sub-Cfquse 20. , the Engineer sholl
    review previous determinotions ond moy increose, but sholl not decreose,
    fhe totol extension of time.

    In the Yellow Book the reference to a 'change in the quantity' in


    paragraph (a) is not relevant and has been omitted. Sub-Clause 8.4 lists
    the situations which may entitle the contractor to an extension of the
    Time for Completion. It is not sufficient for the event to cause delay or
    disruption to the Contractor's work; the Contractor must demonstrate
    that it will actually delay completion under Sub-Clause 10.1. The
    Contractor must comply with the notice and other requirements of
    Sub-Clause 20.1, which means that the Engineer will then follow the
    procedures of Sub-Clause 3.5 in order to determine any extension of
    time.
    Sub-Clause 3.5 does not give the Engineer a time period for making

    this determination although it must not be 'unreasonably withheld or


    delayed' under Sub-Clause 1.3. Any determination of an extension of
    time should be made quickly in order that the Contractor can revise his
    programme to suit any revision to the Date for Completion or can
    accelerate to meet the previous Date for Completion. If the determination
    is delayed then the Contractor might have a claim for the Costs of an
    acceleration which is not then necessary or the additional Costs or
    delay caused by the late determination.
    Sub-Clause 8.4 only entitles the Contractor to an extension

    llor,

    of time,
    which brings relief irom delay damages under Sub-Clause B.T, but
    not to additional payment. Where there is an overlap with another
    Sub-Clause the Contractor will generally submit his claim under the
    Sub-Clause which also allows for additional payment, in addition to the

    rs been

    relevant paragraph of this Sub-Clause.


    The matters listed are as follows.

    )ver of

    r other
    i in the
    ;nder o

    Goods

    (u)

    Varations. Clause 13 gives the Engineer the power to issue instructions to vary the Works and the Engineer may ask for a proposal
    from the Contractor before issuing the instruction. If the Engineer
    has not asked for such a proposal then the Contractor must give
    notices promptly under Sub-Clause 8.3 and within 28 days
    under Sub-Clause 20.1 1f he considers that the Variation may
    delay completion. The Contractor may also claim an extension of
    L81

    FIDIC users' guide: A practical guide to the 1999 Red nnd Yellow Books

    time if there is a substantial change in the quantity of an item of


    wor which would presumably occur as a consequence of the

    (b)

    measurement procedure under Clause 12.


    Other Sub-Cluses. The other Sub-Clauses which entitle the Contractor to an extension of time are discussed under the relevant
    Sub-Clause:

    1.9
    2.1,
    4.7
    4.12
    4.24

    7.4

    Delayed Drawings or Instructions


    Right of Access to the Site
    Setting Out
    Unforeseeable Physical Conditions
    Fossils

    Testing

    10.3 Interference with Tests on Completion


    73.7 Adjustments for Changes in Legislation

    (")

    1,6.1, Contractor's Entitlement to Suspend Work


    77.4 Consequences of Employer's Risks
    19.4 Consequences of Force Majeure.
    Climatic conditions. To justify an extension of time the Contractor
    must demonstrate that the climatic conditions were exceptionally
    adverse and actually delayed completion. It will be necessary to
    submit records for the normal weather over a period of, say, five
    years. The Employer may already have such records and made
    them available at Tender stage under Sub-Clause 4.10 or the

    Contractor should have obtained all available information under


    Sub-Clause 4.10(b). In order to record the actual conditions, it
    will be necessary for the Contractor to have the necessary equip-

    ment in place from the start of the project, such that rainfall or
    other conditions are recorded automatically when they occur,
    even though such conditions may occur outside normal working
    hours. Claims for climatic conditions will only result in additional
    time, but not money, and they are specifically excluded from
    the unforeseeable physical conditions situations under Sub-

    (d)

    (")

    Engine
    (c) ren

    clarifie
    referer
    Patagr
    omitte,
    too ger

    be nol
    entitle,
    for clai

    with tl
    and th
    cover

    toan
    8.5
    lf th
    (o)
    (b)

    (.)
    lher
    sub

    This

    extens

    Clause 4.12.

    requrr

    of personnel or Goods. The shortage must have been


    unforeseeable by an experienced Contractor, as defined at SubClause 1.7.6.8. and caused by epidemic or governmental action.
    Governmental action is not restricted to the government of the
    Country of the project.

    order

    Shortages

    SlONS

    The

    Counl

    trend

    Employer causes.If the Employer causes a delay then the Contrac-

    tor, as the other Party to the Contract, should be entitled to


    compensation. Part (e) gives an overall right to an extension of
    time but many of the events which are covered will also be
    covered under Employer's Risks as Sub-Clauses 17.3 and 17.4.
    The reference to the Employer's other Contractors on the Site
    182

    Byc
    previor

    B.(
    lf, ,
    (o)

    Clause 8: Commencenrcnt, Delays and Suspension

    must be read in conjunction with Sub-Clause 4.6, which refers to


    the reimbursement of cost, but not delays.

    .tem of
    of the

    e Con:levant

    rtractor

    ionally
    sary to
    ry, five

    I made

    or

    the

    under
    ions, it
    .

    equrp-

    rfall or
    occur/

    'orking
    litional
    I from
    r S'''

    been

    at Subaction.
    of the

    By comparison with the extension of time situations at Clause 44 of the


    previous FIDIC Contract (the Conditions of Contract for Works of Civil
    Engineering Construction, fourth edition, 1987), the wording of paragraph
    (c) remains unchanged, paragraphs (a) and (b) have been developed and
    clarified, paragraph (d) is new, paragraph (e) has been developed and the
    reference to the Employer's other conhactors has been added. The previous
    paragraph (e) which referred to 'other special circumstances' has been
    omitted. This paragraph was always unpopular with Employers as being
    too general and imprecise. It remains to be seen whether Contractors will
    be now barred from extensions of time to which they might have been
    entitled under the previous Conditions. The provision at Sub-Clause 20.L
    for claims'under any Clause of these Conditions or otherwise in connection
    with the Contract', together with the development of paragraphs (a) to (e)
    and the new provision at Sub-Clause 8.5, should be sufficiently general to
    cover any situation for which a Contractor should reasonably be entitled
    to an extension.

    8.5

    Deloys Coused by Authorilies

    lf the following conditions opply, nomely'

    (o)
    {b)

    (.)

    the Controctor hos diligently followed the procedures loid down by


    the relevont legolly constituted public outhorities in the Country;
    these outhorities deloy or disrupt the Controctor's work; ond
    the deloy or disruption wqs Unforeseeoble;

    lhen ihis deloy or disruplion will be considered os o couse of deloy under


    subporogroph (b) of Sub-Clouse 8.4 [Exlension of Tme for Comp/elion].

    This Sub-Clause gives an additional entitlement to the grounds for an


    extension of time under Sub-Clause 8.4(b). The Sub-Clause does not
    require the Engineer to follow the procedures of Sub-Clause 3.5 in
    order to determine the extension but this will be required under the provisions of Sub-Clause 20.1.
    The precise meaning of 'legally constituted public authorities in the
    Country' under the governing law is a potential source of dispute. The
    trend to privatise public bodies may reduce the scope of this Sub-Clause.

    ontrac-

    tled to
    sion of

    rlso

    be

    17.4.

    he Site

    8.

    Rote of Progress

    lf, ot ony time:

    (o)

    octuol progress is too slow

    lo complete within the Time for Com-

    pletion; ond/or
    783

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