Hi All
I have doubt in FIDIC 1999 clause No. 20.1 “Within 42 days after receiving a claim or any further particulars supporting a previous claim or within such other period as may be proposed by the Engineer and approved by the Contractor.”
The clause can be interpreted as
“Within 42 days after receiving a claim or within 42 days any further particulars supporting a previous claim or. . . “
Please clear my doubt
What if the Engineer asks for a meeting / workshop to the contractor on the 38th day of the submission of the contractor’s interim claim and says that 42 day shall be counted from the date of the meeting / workshop. And rejects the claim after 72 days after the submission of the claim
Cheers - Tanveer
Dear Mr. Tastro
Tahnk you very much for your further clarification. It is now very clear to me. Thanx a lot.
Best Regards - Tanveer
Hi Tanveer
That does not seem like "further particulars". The Engineer must request further particulars and he gets another 42 days to review it after submission.
Best regards
Mike Testro
Dear Mr. Tastro
Thank you for your reply. Further to my post, what if in the meeting / workshop the Engineer just a high level summary of the submitted claim.
Cheers - Tanveer
Hi Tanveer
If within the first 42 days the Engineer asks for further particulars then he has another 42 days after submission to study them.
He can then reject the claim within the 2nd 42 days.
It is possible that the engineer may request further particulars during a meeting / workshop.
Best regards
Mike Testro