What is TIME BARRED?

Thanks for your valuable advice



Regards

Raphael,



Even if your project is small and your project staff with all types of project department you can enumerate wiht mastery of sophisticated ISO, then you can conclude that everything will be handle ok.



In the real world, not all will be ok.



That is why you have to be smart with the knowledge that time barred as per my experience will help you a lot in case you are in a very thight situation.



The best way is to check the legality of time barred in your location.



Cheers,



Joseph

I am in tune with your Contract manager as the FIDIC stipulates period required for notification which is 28days after the event giving rise to claim has first arisen. it is advised for a prudent contract department to study and compare every drawing received and note differences immedaitely.I wonder what happened to your planing and contract department to wait so long to observe the additional feature in the drawings.



You are ststue barred. The requirement is practical and not difficult,remember this clause does not required you to make your claim within this period but to give your notice of intention . should the additional features amount to additional expenses that the Employer could not accommodate, it could be revieiwed and the Budget maintain.

In my experience, Time Barred is a contract clause that can’t be implemented due to absurdity of the clause. For others, the best way to clear doubts is to check the legality of this clause in your location.



It was use to intimidate the contractor to keep his homework in order. But we all know that issues can be re-visited in the event such issues were not raise and hence not resolve, even after the completion of the project.



For example, I have this case when I worked in Malaysia. The asphalt for road pavement was finished three years ago. The BOQ omitted the wearing course. The engineer instructed to provide wearing course as per authority requirement. The sub-con claimed for the work done. I worked with the main con and I noticed that I can’t make back to back claim. I raised the matter to higher management since we were finalizing all accounts for the said project. The property developer was surprised why a substantial claim appeared after the project was finished. But at the end, the developer paid the work done.



I have also experieced that an event not raise at the instant of happening can still be use in claim for time extension in whatever timeline of the project.



So in conclusion, time barred is nothing. The lesson here is for the client representative to do there homework also. Do not pass all the hardwork to the contractor.



Cheers



Joseph

Pranab,



The phrase "or should have become aware" is the hurdle you have to jump over to have a case.



Having regard to all the circumstances, what is a reasonable time that you should have become aware of the changes - that’s when the 28 days starts to run.

Pranab,



Off the top of my head I can’t remember if the notice requirements include the phrase "or as soon as the contractor becomes aware" or something along those lines as to when the notice period starts running

Possibly that you lose the right to be able to claim for that period!



But, you have to look at the whole EoT mechanism in a contract to see if a time bar is effective as against claiming the EoT - often it isn’t.

This is when your CONTRACT states a period of time for notifying the project administator of a delay/increased cost/variation and you have failed to do this within the stated period.

Example,

Events causinga delay to the project shall be notified within 14 days - you submit claim after 21 days, you are time barred.