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Property loss due to the natural disaster Cyclone

8 replies [Last post]
Sun, 2010-06-06 05:53
mukunda y
User offline. Last seen 11 years 10 weeks ago. Offline
Joined: 12 Nov 2008
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guys,

Couple of days back due to Cyclone 50% of our Temporary camp set up portacabin washed away.
As Per Force majeure clause we can claim extension of time for natural disaster, it is okay ...
We have lost our temporary camp also, we need minimum 10 days to set up the camp again..
can we claim EOT only for natural disaster exixting days, or
can we claim EOT for later consquences like camp set up.

can u suggest me guys
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Replies

Thu, 2011-03-17 07:53
#1
Mike Testro
User offline. Last seen 35 weeks 5 days ago. Offline
Joined: 14 Dec 2005
Posts: 4418
Groups: Building Information Modelling, Content Moderators, GPCCAR Editors

Hi Darry

Did you notice the date of the thread - this disaster was 5 years ago.

If the last entry is more than 6 months old then the thread may be considered closed.

Best regards

Mike T.

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Wed, 2011-03-16 17:32
#2
darry anderson
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Joined: 16 Mar 2011
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It's really tough to go through such an experience, I can't imagine what you've been through and I hope you got all the support you needed in useful time. I don't live in a high disaster risk are but the news do scare me, I changed some terms on my home insurance [link removed by GW] after that...

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Sun, 2010-06-06 18:16
#3
Samer Zawaydeh
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Groups: Civil Engineering, Regional Representatives
Dear Mukundu,

The definition in FIDIC RED Book Clause 19.1 states that 4 conditions must apply to the event. And natural disasters are one of them:

Article 19.1 (V) natural catastrophes such as earthquake, hurricane, typhone or volcano activity.

We are happy that everyone is safe first of all. And hopefully you have your insurance to cover all the damages. You also have a certain period to report this event to your Engineer. And you have 28 days from the date the event is over to report the claim cost/time effect on the project.

With kind regards,

Samer
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Sun, 2010-06-06 09:17
#4
Mike Testro
User offline. Last seen 35 weeks 5 days ago. Offline
Joined: 14 Dec 2005
Posts: 4418
Groups: Building Information Modelling, Content Moderators, GPCCAR Editors
Hi Mukundu

Check your FIDIC defiitions of:

Site
Works
Temporary Works

I think you will find that your damaged compound is covered under the contract unless there has been a change in the terms.

Best regards

Mike Testro
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Sun, 2010-06-06 08:53
#5
mukunda y
User offline. Last seen 11 years 10 weeks ago. Offline
Joined: 12 Nov 2008
Posts: 97
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Mike thanks for valuable reply

Disaster happend outside the site premise. Contract does not mention this, only mention only Force mejure...
This Force majeure applicable to oustside site premise also????
ya mike we are geeting insurance claim...
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Sun, 2010-06-06 08:29
#6
Mike Testro
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Joined: 14 Dec 2005
Posts: 4418
Groups: Building Information Modelling, Content Moderators, GPCCAR Editors
Hi Mukunda

Glad you are all safe.

The period for time extension should be from the date of the disaster until the compound is back to where it was when it was destroyed.

So if you were 50% ready when you l;ost it you should get an EoT for 50% reinstatement.

And don’t forget your insurance claim.

Best regards

Mike Testro.
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Sun, 2010-06-06 07:28
#7
mukunda y
User offline. Last seen 11 years 10 weeks ago. Offline
Joined: 12 Nov 2008
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Mike

Some hrs back we took precautionary measures, so just we escaped narrowly from the disaster.
we are following FIDIC contract, it dont consider the reinstatment state time,,
I dont think we got the option to claim EOT for the reinstatement time...

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Sun, 2010-06-06 06:52
#8
Mike Testro
User offline. Last seen 35 weeks 5 days ago. Offline
Joined: 14 Dec 2005
Posts: 4418
Groups: Building Information Modelling, Content Moderators, GPCCAR Editors
Hi Mukunda

I hope nobody was hurt.

Your first route is through your insurance policy to recover loss and expense which should also cover delay costs.

Check your contract to see what clauses allow an EoT for natural disasters - this should include the reinstatement time.

Also check your contract definitions to see whether "Works" include "Temporay Works"

Best regards

Mike Testro
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