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LD's

2 replies [Last post]
ronron martinez
User offline. Last seen 7 years 37 weeks ago. Offline
Joined: 19 Nov 2009
Posts: 41

Hi All,

How to avoid LD's and to justify.

Regard

Cy

Replies

Mike Testro
User offline. Last seen 27 weeks 4 days ago. Offline
Joined: 14 Dec 2005
Posts: 4418

Hi Ronron

Remember that the sole purpose of the extension of time clause in the contract is to protect the employers right to apply LD's if the employer causes a delay to the works.

If there is no EoT clause and the employer delays the work then time is at large and the employer loses his right to extract LD's.

So as Raymund says - the only way to avoid LD's is to apply the EoT clause strictly in accordance with the contract terms - particularly in respect of notice periods.

Best regards

Mike T.

Raymund de Laza
User offline. Last seen 14 weeks 21 hours ago. Offline
Joined: 23 Nov 2009
Posts: 762

Ron,

To avoid LD is to avoid self incurred delays.

Justifying a delay either the delay is caused by Client or Contractor needs to be presented in a way that either party will be convinced with the logic.

A true picture of the causes of delays shall be presented through diagrams such as the bar charts, transmittal documents, and to be explained in a narrative report which will contains the relative Contract Clauses in accordance to your claims.

Hope this will help.