Property loss due to the natural disaster Cyclone

Submitted by mukunda y on
Forensic Claims Analysis

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19 years 10 months
Member for 19 years 10 months
Submitted by Mike Testro on Thu, 2011-03-17 08:53
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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.

Member for

14 years 7 months
Member for 14 years 7 months
Submitted by darry on Wed, 2011-03-16 18:32
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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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17 years 3 months
Member for 17 years 3 months
Submitted by Samer Zawaydeh on Sun, 2010-06-06 20:16
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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

Member for

19 years 10 months
Member for 19 years 10 months
Submitted by Mike Testro on Sun, 2010-06-06 11:17
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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

Member for

16 years 11 months
Member for 16 years 11 months
Submitted by mukunda y on Sun, 2010-06-06 10:53
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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...

Member for

19 years 10 months
Member for 19 years 10 months
Submitted by Mike Testro on Sun, 2010-06-06 10:29
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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.

Member for

16 years 11 months
Member for 16 years 11 months
Submitted by mukunda y on Sun, 2010-06-06 09:28
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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...


Member for

19 years 10 months
Member for 19 years 10 months
Submitted by Mike Testro on Sun, 2010-06-06 08:52
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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