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Construction Law - FIDIC 99
Construction Law
- EoT and Cost Claim
Volunteer
Experts of the Month Expert: Peter M. Elliott - 7/28/2009
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Question
Dear Peter!
Awards
Following Question regarding the Red Book 99:
About Us If the Engineer approves an EoT due to an
Tell friends Employers default, is the Contractor
automatically entiteled to the additional time-
Link to Us related cost for that approved EoT, especially
Disclaimer "Preliminaries" like site office operating cost, water and energy supply, permanent site staff, etc. which
will only occur due to the EoT?

Kind regards!

About Peter M. Elliott


Expertise Answer
First response to queries Hi Gunther,
regarding extensions of
time, variations orders, site
instructions and payment The Engineer approves, but does he have the approval of the Employer to give such approval?
using FIDIC and other forms
of Conditions of Contract, The Contractor might be entitled to time related charges depending on the reasons for the extension of
based on English Law, and time and you must be careful that there is no double charging. Much of the site overheads, such as
derivatives only. Anyone management staff and running costs, will be included in the rates for the individual items. Pure time
who needs advice about EoT related charges such as insurance policies and bonds, for which there is a line item, are generally
should download and study
the SCL Delay & Disruption
claimable under an EoT. Other line items, such as support for the Engineer which are measured in
Protocol terms of months, or weeks, could also be claimable. It could also be that an extension of time is
www.eotprotocol.com awarded without costs as there is a concurrent delay due to the Contractor's default.
before submitting a
question. Without more information, I cannot give a specific answer on such a vague question.
Experience I hope that the above is useful and you can mark me 10. If not, please submit a follow up question with
Value . . .
It's unwise to pay too much,
more details.
but it's unwise to pay too
little. When you pay too
much you lose a little Add to this Answer Ask a Question
money, that is all. When
you pay too little, you
sometimes lose everything,
because the thing you Related Articles
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doing the thing you bought
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The common law of • Selling Used Stereos Online - How to Sell Used Stereos Online
business balance prohibits • Replacement Cost
paying a little and getting a • How to Reduce the Cost of Asphalt Driveways
lot. It can't be done. If you
deal with the lowest bidder,
it's well to add something
for the risk you run.
And if you do that, you will
have enough to pay for
something better.
. . . John Ruskin (1819 -
1900)
"We are too poor to buy

http://en.allexperts.com/q/Construction-Law-914/2009/7/FIDIC-99-EoT-Cost.htm 06-Oct-10
Construction Law: FIDIC 99 - EoT and Cost Claim, FIDIC 1999, EoT Page 2 of 2

something cheap"
.Romanian Proverb 2002
A lean compromise is better
than a fat lawsuit. George
Herbert (English poet 1593-
1633)
I said it in Hebrew, I said it
in Dutch,
I said it in German and
Greek:
But I wholly forgot (and it
vexes me much)
That English is what you
speak!" Hunting of the
Snark - Lewis Caroll
Match your presentation to
the reader!
The joy of food lasts but an
hour, of sleep but a day, of
a woman, but a month, but
the joy of a building lasts a
lifetime. Syrian proverb.
Comments and observations
leading to improvements in
the translation of FIDIC Red
& Yellow books into
Romanian prior to approval
by FIDIC (reference 'Preface
to the Romanian edition')

Organizations
Institution of Civil
Engineers, Association of
Chartered and Certified
Accountants, Society of
Construction Law, Dispute
Resolution Board
Foundation

Education/Credentials
B Sc(Hons) in Civil
Engineering

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http://en.allexperts.com/q/Construction-Law-914/2009/7/FIDIC-99-EoT-Cost.htm 06-Oct-10