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Clause 40.3 Suspension of Works More than 84 Days

4 replies [Last post]
Thu, 2008-12-18 07:59
Ghaith Al-Hiyari
User offline. Last seen 15 years 48 weeks ago. Offline
Joined: 17 Dec 2005
Posts: 17
Groups: None
Gents,

Can anybody advise me on the details pertaining to the application of Clause 40.3 of the fidic contract , whereby the contractor may take out the suspended works from his scope of work.

Suppose that the contractor is requested to suspend the works and upon the completion of the 84 days period, the contractor is instructed to resume the works.Again if the Employer wishes to renew the suspension of the same works, can the Employer Instruct the contractor, once again, to suspend the works without being in default of the above contract clause??

The bottom line is; is the 84 days suspension notice calculated collectively for the same works for a period of 84 days or each individual notice should not exceed 84 days?

I would appreciate any feedback on this matter

Regards

GH

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Replies

Fri, 2008-12-19 04:24
#1
Ghaith Al-Hiyari
User offline. Last seen 15 years 48 weeks ago. Offline
Joined: 17 Dec 2005
Posts: 17
Groups: None
Thank You Samer,

Your comments are appreciated.

Regards,

GH
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Thu, 2008-12-18 16:48
#2
Samer Zawaydeh
User offline. Last seen 5 years 38 weeks ago. Offline
Joined: 3 Aug 2008
Posts: 1664
Groups: Civil Engineering, Regional Representatives
Dear Ghaith,

The duration is calculated from the time the Engineer issues the instruction until the Engineer instruct the Contractor to restart the work.

The ideal situation is to work together as a team on site to complete the works. If the Client must suspend the works for any reason, then they should not cause harm to the Contractor.

If the Engineer issues another instruction to the Contractor to suspend the works (part or all) for another reasons or the same reason, then this it should be handed as another case from the date of the Engineer instruction to suspend until the Engineer’s instruction to resume the work.

Again, the EOT and Cost of delay to be presented by the Contractor and approved by the Engineer.

Best,

Samer
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Thu, 2008-12-18 16:31
#3
Ghaith Al-Hiyari
User offline. Last seen 15 years 48 weeks ago. Offline
Joined: 17 Dec 2005
Posts: 17
Groups: None
Thank you Samer for your response and input.

However;the query that I have raised is specifically related to the duration of the suspension. Suppose the Engineer Instructs the Contractor to Suspend - Resume the works of the same activity a couple of times over the duration of the project, does the 84 days duration stipulated in the project be calculated collectively for all these suspensions or for each suspension seperately.

if you have any thoughts or iterpretations on this matter,i would appreciate it

and by the way, I am working on the client’s side:)

Regards

GH
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Thu, 2008-12-18 16:17
#4
Samer Zawaydeh
User offline. Last seen 5 years 38 weeks ago. Offline
Joined: 3 Aug 2008
Posts: 1664
Groups: Civil Engineering, Regional Representatives
Dear Ghaith,

The suspension of Works or part of the works is calculated from the date the Engineer’s instruction.

For each suspension you will need to calculate the consequential time extension and cost of this delay in accordance with FIDIC 1999 clause 8.9.

The best action is to clearly identify and report periodically on the resources available on site and cost of overhead. Keep your records updated and make sure that your client is receiving them.

You should suffer losses because the project is suspended.

If you have more questions, please let us know.

Good luck,

Samer
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