FIDIC 1999 Red Book EOT Clauses

“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.
Entitilement
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 Setting 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 availability
8.4 of personnel or Goods caused by epidemic or Neutral Event √
governmental actions
e) any delay, impediment or prevention
caused by or attributable to the Employer, the
Employer √ √ √
Employer’s Personnel, or 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 Contractor’s Entitlement to Suspend Work Employer √ √ √
Consequences of Employer’s Risks
a) war, hostilities (whether war be declared or
not), invasion, act of foreign enemies Employer √ √
b) Rebellion, terrorism, revolution,
insurrection, military or usurped power, or Employer √ √
17.4 civil war, within the Country

C) Riot, commotion or disorder within the

Country by persons other than the Employer √ √
Contractor’s Personnel and other employees
of the Contractor and Subcontractors
 d) Munitions of war, explosive materials,
ionising radiation or contamination by radio-
activity, within the Country, except as may be Employer √ √
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 supersonic Employer √ √
speeds
f) Use or occupation by the Employer of any
17.4
part of the Permanent Works, except as may Employer √ √ √
be specified in the Contract
g) Design of any part of the Works by the
Employer’s Personnel or by others for whom Employer √ √ √
the Employer is responsible
h) Any operation of the forces of nature which
is Unforeseeable or against which an
experienced contractor could not reasonably Employer √ √
have been expected to have taken adequate
preventative precautions.
Consequences of Force
Majeure
i) war, hostilities (whether war be declared or Force Majeure √
not), invasion, act of foreign enemies
ii) Rebellion, terrorism, revolution,
insurrection, military or usurped power, or Force Majeure √ √
civil war, within the Country

iii) Riot, commotion or disorder within the

Country by persons other than the Force Majeure √
19.4
Contractor’s Personnel and other employees
of the Contractor and Subcontractors
iV) Munitions of war, explosive materials,
ionising radiation or contamination by radio-
activity, within the Country, except as may be
Force Majeure √ √
attributable to the Contractor’s use of such
munitions, explosives, radiation or radio-
activity
V) Natural catastrophes such as earthquake, Force Majeure √
hurricane, typhoon, or volcanic activity.