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PROJECT:
DATA CENTER, GERMANY
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CONTRACT:
FIDIC YELLOW BOOK
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CONSULTANT:
FRANS TALJAARD
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PROBLEM RECEIVED:
The BMS system activity was in delay due to the actions of the Employer. Cost consultants for the Employer were deducting Preliminary costs for the Contractor staff in their assessment of the Prolongation cost due to the Contractor. The request to Clause20 was to investigate and report on this matter for the Contractor.
THE PROCESS & SOLUTION:
We inspected the relevant correspondence from the Employers representative. Using case law, principles within the context of FIDIC, the SCL protocol, and common and civil law, an expert report was produced for our client.
The Report stated that in the event of a concurrent delay, the contractor and SCL protocols are clear that delays caused by the Contractor would not be compensated, but delays caused by the Employer are compensable.
THE BENEFIT:
The Contractor was successful in demonstrating its entitlement to compensation for the Preliminary costs deducted by the Employer’s Cost Consultants. The knowledge of Common law, case law, FIDIC and SCL Protocol will assist the Contractor in these cases where the Employers representatives do not know to make a correct assessment of submitted delay claims and prolongation costs.