A.

Pre-requisites for Contractor’s Extension of Time Claim

Issuance of Notice of intention to claim an extension of time, within 14 days/28

days (as provided in the Contract) of the circumstances for such a claim becoming
known to the Contractor, indicating activities delayed.

Submitting a Claim with full supporting details, including, at a minimum i.e.,

identification of impacted activities in the Programme of Works, demonstration of
the Impact on the Critical Path (with timelines) and provision of supporting
documentary evidence confirming the activity was influenced by the delay events.

B. Contemporary records

As construction professionals, we all know that keeping accurate records is vital

for the success of any project. However, when it comes to proving construction
claims, maintaining contemporary records becomes even more critical. So, what are
contemporary records, and why are they so important?

Contemporary records are documents, data, and other evidence that are created or
collected during the course of a construction project, as events occur or shortly
thereafter. These records provide a reliable and objective account of what happened
on site and when, and can be used to support or refute claims that may arise during
or after the project.

FIDIC contracts, which are widely used in the construction industry, recognize the
importance of contemporaneous records in documenting the progress and performance
of a construction project, and in resolving disputes that may arise between the
parties. Therefore, the FIDIC contracts contain specific clauses that require the
parties to maintain contemporary records and provide guidance on what types of
records should be kept.

For example, the FIDIC Red Book (Conditions of Contract for Construction) includes
Sub-Clause 2.5 (Employer's Claims) and Sub-Clause 20.1 (Contractor's Claims), which
require the parties to provide "contemporary records" to support their claims.
Similarly, the FIDIC Yellow Book (Conditions of Contract for Plant and Design-
Build) and the FIDIC Silver Book (Conditions of Contract for EPC/Turnkey Projects)
contain similar provisions requiring the parties to maintain contemporary records
and provide them as evidence in case of disputes.

According to FIDIC guidelines, contemporary records should include daily diaries,

site instructions and notices, correspondence and emails, progress reports and
schedules, meeting minutes and agendas, photographs and videos, testing and
inspection reports, change orders and variations, payment certificates and
invoices, and other relevant documents and data.

By keeping these records up-to-date and organized, parties can avoid disputes or
resolve them more efficiently, and demonstrate their compliance with the contract
requirements. Moreover, contemporary records can help parties identify potential
issues and risks before they escalate, and improve the overall project management
and quality control.

In conclusion, maintaining contemporary records is not just a good practice, but a

contractual obligation that can make a significant difference in the success of a
construction project. By investing in proper record-keeping and documentation,
parties can protect their interests, enhance their credibility, and avoid costly
and time-consuming disputes. So, let's make sure that contemporary records are
given the attention they deserve, and that we leverage their full potential for the
benefit of all stakeholders.

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