Comments on: Construction Claims http://www.cmguide.org/archives/2128 All you need for your career.. Thu, 26 Jan 2012 11:12:34 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: lumulal http://www.cmguide.org/archives/2128/comment-page-1#comment-2180 lumulal Sat, 28 Aug 2010 21:00:06 +0000 http://cmguide.org/archives/2128#comment-2180 Katur, In this case, first of all, you did not mention which Conditions of Contract you follow. i think it is FIDIC, according to FIDIC, from you letter i understnad that dely in the Interim payments. if the contractor given notice these delayed payment and the Stopping of Works at site which are in there scope, within the time limit according to the condition of contract (please see which contract you follow, Abu Dhabi FIDIC has beed revised with the new payment terms) They are entitle to have an EOT. if the scenario is this, Client does not have any right to reject their EOT. i think the Contractor won't go to the court, even they do the same usually court will appoint an arbitrator to solve this issue first. Katur,

In this case,
first of all, you did not mention which Conditions of Contract you follow. i think it is FIDIC, according to FIDIC,
from you letter i understnad that dely in the Interim payments. if the contractor given notice these delayed payment and the Stopping of Works at site which are in there scope, within the time limit according to the condition of contract (please see which contract you follow, Abu Dhabi FIDIC has beed revised with the new payment terms) They are entitle to have an EOT. if the scenario is this, Client does not have any right to reject their EOT. i think the Contractor won’t go to the court, even they do the same usually court will appoint an arbitrator to solve this issue first.

]]> By: Khatur http://www.cmguide.org/archives/2128/comment-page-1#comment-2166 Khatur Sun, 22 Aug 2010 12:10:10 +0000 http://cmguide.org/archives/2128#comment-2166 Sir, The client has delayed payment and the contractor has duly notified the client of impact on delay payment. The contractor has slowed/stopped work until the payment resolution established after 8 months. Now that the client wants to apply the clasue of "continuation of obligation" as per the contract under clause Jursidiction, please advise will this impact EOT anaylsis. The clause of "continuation of obligations" is: "Niether the existence of any dispute as mentioned in this clause nor the commencement of any proceeding before the court of competetent jurisdiction shall releive either party to the dispure from its obligation to continue to observe and perform each and eery term, condition and provision of the contract on its part to be so observed or performed, inclusing wtihout limitation in the case of the Contractor its obligation to proceed with the carrying out and completion of the works and the remedying of the defects therein and to do so in accordance with the decisiions, instuction and orders of the project manager, and of the Employer even if the dispute concerns any of such decisions, instruction or orders" The contractor has not gone to courts but have simply stopped work and have claimed EOT for these non-pyament days. Pls advise whether it is right for the client/Employer to use the above clause and reject EOT? Sir,

The client has delayed payment and the contractor has duly notified the client of impact on delay payment. The contractor has slowed/stopped work until the payment resolution established after 8 months. Now that the client wants to apply the clasue of “continuation of obligation” as per the contract under clause Jursidiction, please advise will this impact EOT anaylsis. The clause of “continuation of obligations” is: “Niether the existence of any dispute as mentioned in this clause nor the commencement of any proceeding before the court of competetent jurisdiction shall releive either party to the dispure from its obligation to continue to observe and perform each and eery term, condition and provision of the contract on its part to be so observed or performed, inclusing wtihout limitation in the case of the Contractor its obligation to proceed with the carrying out and completion of the works and the remedying of the defects therein and to do so in accordance with the decisiions, instuction and orders of the project manager, and of the Employer even if the dispute concerns any of such decisions, instruction or orders”

The contractor has not gone to courts but have simply stopped work and have claimed EOT for these non-pyament days. Pls advise whether it is right for the client/Employer to use the above clause and reject EOT?

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