I think that the short answer to your question is: “Yes, he can”, provided that your original question refers to the draft final statement and not the Final Statement.
The Contractor’s entitlement to make a claim under a FIDIC Contract expires only when the Final Statement is submitted. Under Clause 60.6 the Contractor must submit a draft final statement – within 56 days after the issue of the Defects Liability Period – and this draft final statement may include “…any further sums which the Contractor considers to be due to him under the Contract.”
It follows, therefore, that if the Final Statement is not yet issued (and I suggest that it is unlikely that the Final Statement will be issued if there is still an outstanding claim matter to be resolved under Clause 67), then the Contractor remains entitled to include any further sums that he thinks he is entitled to.
Under Clause 60.6, the Contractor’s draft final statement must be issued within 56 days of the end of the Defects Liability Period, but if this is considered to be too short, (usually because of an ongoing dispute) then the Employer should be asked to agree to an extension of this time. If he refuses to such an agreement, the Engineer should issue a further interim certificate(s) for that part of the draft final statement on which there is no difference of opinion, and the balance – the contentious bit – will remain alive until the dispute (including arbitration if necessary) is finally resolved.
Only thereafter should the Final Statement (reflecting if necessary the arbitration award) be issued by the Contractor under Clause 60.6.
However, if you really do mean the Final Statement (as the last line of Clause 60.6) this acknowledges that agreement has already been reached between the Contractor and Engineer, and the door to any further claims would be closed. Perhaps you can clarify that point.
Hope this helps (sorry about the delay in replying – I missed this one! ;-))
After the Engineers decision under clause 67, the contractor can only claim the "post decision costs" which the Contractor considers to be due to him under the Contract. Any "pre-decision cost" which the contractor has forgotton to claim, I think, cannot be claimed again.
Once the Engineer has given his decision under clause 67, the only way for the Contractor to proceed is through a notice to commence arbitration. Meanwhile, if the defects liability certificate is issued, the Contractor must include in his Final Statement "any further sums which the Contractor considers to be due to him under the COntract or otherwise" (Clause 60.6) including all his claims.
Member for
21 years 4 monthsRE: Re-agitation of Claim
Shahzad,
I think that the short answer to your question is: “Yes, he can”, provided that your original question refers to the draft final statement and not the Final Statement.
The Contractor’s entitlement to make a claim under a FIDIC Contract expires only when the Final Statement is submitted. Under Clause 60.6 the Contractor must submit a draft final statement – within 56 days after the issue of the Defects Liability Period – and this draft final statement may include “…any further sums which the Contractor considers to be due to him under the Contract.”
It follows, therefore, that if the Final Statement is not yet issued (and I suggest that it is unlikely that the Final Statement will be issued if there is still an outstanding claim matter to be resolved under Clause 67), then the Contractor remains entitled to include any further sums that he thinks he is entitled to.
Under Clause 60.6, the Contractor’s draft final statement must be issued within 56 days of the end of the Defects Liability Period, but if this is considered to be too short, (usually because of an ongoing dispute) then the Employer should be asked to agree to an extension of this time. If he refuses to such an agreement, the Engineer should issue a further interim certificate(s) for that part of the draft final statement on which there is no difference of opinion, and the balance – the contentious bit – will remain alive until the dispute (including arbitration if necessary) is finally resolved.
Only thereafter should the Final Statement (reflecting if necessary the arbitration award) be issued by the Contractor under Clause 60.6.
However, if you really do mean the Final Statement (as the last line of Clause 60.6) this acknowledges that agreement has already been reached between the Contractor and Engineer, and the door to any further claims would be closed. Perhaps you can clarify that point.
Hope this helps (sorry about the delay in replying – I missed this one! ;-))
Stuart
www.rosmartin.com
Member for
21 years 7 monthsRE: Re-agitation of Claim
Shahzad,
After the Engineers decision under clause 67, the contractor can only claim the "post decision costs" which the Contractor considers to be due to him under the Contract. Any "pre-decision cost" which the contractor has forgotton to claim, I think, cannot be claimed again.
Best Regards,
Tauqeer
Member for
23 years 1 monthRE: Re-agitation of Claim
Shahzad,
Once the Engineer has given his decision under clause 67, the only way for the Contractor to proceed is through a notice to commence arbitration. Meanwhile, if the defects liability certificate is issued, the Contractor must include in his Final Statement "any further sums which the Contractor considers to be due to him under the COntract or otherwise" (Clause 60.6) including all his claims.
Joe