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Notes

The FIDIC 1999 contract does not address methods for determining extensions of time or handling concurrent delays, instead giving the Engineer broad powers to evaluate and determine extensions of time that can be disputed. Unless agreed, these decisions go to adjudication or arbitration. The methods Engineers use to evaluate extensions of time for concurrent delays are unknown and may not reflect UAE law. It is recommended parties insert a contract clause to address concurrent delay disputes.

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60 views1 page

Notes

The FIDIC 1999 contract does not address methods for determining extensions of time or handling concurrent delays, instead giving the Engineer broad powers to evaluate and determine extensions of time that can be disputed. Unless agreed, these decisions go to adjudication or arbitration. The methods Engineers use to evaluate extensions of time for concurrent delays are unknown and may not reflect UAE law. It is recommended parties insert a contract clause to address concurrent delay disputes.

Uploaded by

sohail2006
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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There is no clause in the FIDIC 1999 that addresses the issue of the concurrent delay.

The
FIDIC also does not address the methods used to determine the EOT. Instead the FIDIC has
given the Engineer arbitral power to evaluate and determine the Contractors entitlement to an
EOT. Unless the parties agree to the Engineer determination, the matter is left to the decision
of an Adjudication dispute board and further to Arbitration proceeding. The method the
Engineer may adopt or follow in evaluating and determining the contractor entitlement to an
EOT in case of concurrent delay dispute, is unknown if it is reflecting the UAE law or other
school of law.

To avoid such a dispute, it has been recommended to the contracted parties that they insert a
clause in their contract addressing the issue of concurrent delay dispute

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