EOT Clauses

FIDIC 1999 Red Book

“Time for Completion” means the time for completing the Works or a Section (as the case
may be) under Sub-Clause 8.2 [Time for Completion], as stated in the Appendix to Tender (with
any extension under Sub-Clause 8.4 [Extension of Time for Completion]), calculated from the
Commencement Date.
Entitlement
Sub Clause Description Cause Time Cost Profit
1.9 Delayed Drawings or Instructions Employer ✓ ✓ ✓
2.1 Right of Access to the Site Employer ✓ ✓ ✓
4.7 Settting Out Employer ✓ ✓ ✓
4.12 Unforeseeable Physical Conditions Neutral Event ✓ ✓
4.24 Fossils Neutral Event ✓ ✓
7.4 Testing Employer ✓ ✓ ✓
Extension of Time for Completion
a) Variation Employer ✓ ✓ ✓
b)Substantial Increase in Quantity Employer ✓ ✓
c)exceptionally adverse climatic conditions Neutral Event ✓

d)Unforeseeable shortages in the

8.4 Neutral Event ✓
availability of personnel or Goods caused
by epidemic or governmental actions
e) any delay, impediment or prevention
caused by or attributable to the
Employer, the Employer’s Personnel, or Employer ✓ ✓ ✓
the Employer’s other contractors on
the Site.
8.5 Delays Caused by Authorities Neutral Event ✓
8.9 Consequences of Suspension Employer ✓ ✓
10.3 Interference with Tests on Completion Employer ✓ ✓ ✓
13.7 Adjustments for Changes in Legislation Neutral Event ✓ ✓

16.1 Employer ✓ ✓ ✓
Contractor’s Entitlement to Suspend Work
Consequences
(a) war, hostilitiesof(whether
Employer’s Risks
war be
declared or not), invasion, act of foreign
Employer ✓ ✓
enemies,
17.4
(b) rebellion, terrorism, revolution,
insurrection, military or usurped power, or Employer ✓ ✓
civil war, within the Country,

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 Entitlement
Sub Clause Description Cause Time Cost Profit
(c)riot, commotion or disorder within the
Country by persons other than the
Contractor’s Personnel and other Employer ✓ ✓
employees of the Contractor and
Subcontractors,
(d) munitions of war, explosive materials,
ionising radiation or contamination by
radio-activity, within the Country, except
Employer ✓ ✓
as may be attributable to the Contractor’s
use of such munitions, explosives,
radiation or radio-activity,

(e) pressure waves caused by aircraft or

other aerial devices travelling at sonic or Employer ✓ ✓
supersonic speeds,
17.4
(f) use or occupation by the Employer of
any part of the Permanent Works, except Employer ✓ ✓ ✓
as may be specified in the Contract,

(g) design of any part of the Works by the

Employer’s Personnel or by others for Employer ✓ ✓ ✓
whom the Employer is responsible,

(h) any operation of the forces of nature

which is Unforeseeable or against which
an experienced contractor could not Employer ✓ ✓
reasonably have been expected to have
taken adequate preventative precautions.

Consequences of Force Majeure

(i) war, hostilities (whether war be

Force Majeur ✓
declared or not), invasion, act of foreign
enemies,
(ii) rebellion, terrorism, revolution,
19.4 insurrection, military or usurped power, or Force Majeur ✓ ✓
civil war,
(iii) riot, commotion, disorder, strike or
lockout by persons other than the
Contractor’s Personnel and other Force Majeur ✓
employees of the Contractor and
Subcontractors,

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 Entitlement
Sub Clause Description Cause Time Cost Profit

(iv) munitions of war, explosive materials,

ionising radiation or contamination by
radio-activity, except as may be
Force Majeur ✓ ✓
attributable to the Contractor’s use of such
19.4 munitions, explosives, radiation or radio-
activity, and

(v) natural catastrophes such as

Force Majeur ✓
earthquake, hurricane, typhoon or volcanic
activity.

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