ON GOING DELAY EVENT
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Dear khawaja,
Make sure that you start at documenting and presenting it on immediate basis.
Please try to divide the event into Zone, areas, etc. If you missed the first area, then you can be sure to claim the next one.
With kind regards,
Samer
Thanks Samer ....and you are right ...delay was not notified within 28 days days of time .....but its ongoing delay ......more over causing the consequential delays ....i mean to its successor activities .......n i am thinking to consider those successor activities as delay event and putting the clain together....hope its gonna work .......n hope to have your further advise ..
Thanks
Dear khawaja and Mike,
What you both said in essence is correct. FIDIC clause 20.1 states clearly what is required to be done in case the claim has a continuing effect;
"
a) the claim shall be considered as interim.
b) the Contactor shall send further claims at monthly intervals, giving the accumulated delay and/or amount claimed, and such futher particulars as the Engineer may reasonably require; and
c) the Contractor shall send a final claim within 28days after the end of the effects resulting from the event or circumistance, or within such other period may be proposed by the Contractor and approved by the Engineer.
"
This issue here is that it seems that the Contractor didnt notify the Engineer within the maximum period of 28 days. Depending on the event that is continuous, you will need to get the approval of the Engineer.
If you have any more specifics, we might be able to assist more.
With kind regards,
Samer
Thanks again
Your comments are always very valuable.....however as you suggested , i will wait to see comments from samer and andrew as well...
Rgds
Hi Khawaja
it is a long time since I worked with FIDIC but usually if you missed the original notification date you can rectify the matter by putting in a notice as soon as possible.
It could be that the rolling delay event was just using up float and has now turned critical.
Put in a timely notice now nad continue on a weekly basis until the obstacle to progress - whatever it is - has gone away.
Other FIDIC wise PP members such as Samer and Andrew may be able to give you the correct clauses.
Best regards
Mike Testro
HI
Mike thanks
But, if in case of delay 1st notification is not served as per FIDIC Clause , and the delay is on going ..
whts our contractual entitlement in this case..
thnks n rgds
Hi Khawaja
It is good practice to give a "rolling" notification for the the delay effect of a relevant event still continuing.
This foucuses the attention of the delaying party and complies fully with most forms of contract.
Best regards
Mike Testro