Chapter 7

Commencement, Delays and Extensions of Time, and Employer's Suspension of the Works

William Godwin QC

William Godwin QC

Member of the FIDIC 2017 Updates Task Group

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First published: 07 February 2020

Summary

In the FIDIC contracts in 1999 and 2017 editions the formal commencement of the works is dealt with in clause 8.1. The control of time is a central feature of any project and the 2017 FIDIC Books have engaged with this in greater detail than the 1999 editions. This is nowhere clearer than in the emphasis placed on the use of the programme. Under clause 8.3 of the 1999 editions, the Contractor is obliged to warn the Engineer/Employer of probable future events or circumstances which may delay execution of the works. In the 2017 FIDIC forms clause 8.5 provides for the Contractor to be entitled to an extension of time if and to the extent that completion of the works is or will be delayed by any causes. Clause 8.12 deals with prolonged suspension. The intention is that the Contractor should not be kept in a state of limbo for an indefinite period.

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