Under the JCT contracts, you are required to “know how and when this becomes reasonably obvious” and not to inform within a prescribed time frame. This is the standard formulation of the JCT and tends to mean within a maximum of five working days. The quality of the information and records available is critical to the assessment of requests for extensions. Variations are common in the construction industry. THE FIDIC contracts also include comprehensive amending clauses to take into account the rights and interests of the parties involved. While the FIDIC contract is generally used as models by construction professionals, the parties are free to modify and modify these clauses to best meet the requirements of the project and/or the parties. The effects of the amendment clause can affect several considerations, but in most cases they certainly have an impact on pricing. Under Islamic Sharia, the term “Gharar” is emphasized, which prohibits the loss of one party and unjust enrichment for others, which requires an “extension of time” to recover additional costs. Swiss law provides that a contractor is entitled to a “reasonable” period of time. This means that the contractor is generally entitled to an extension of time of at least the duration of the delay event. However, determining the extension of time is not just a mechanical exercise to determine the length of the delay. A court or arbitral tribunal must also consider all circumstances, including: “If the contractor does not complete the work or a section before the applicable completion date, the architect/administrator of the contract issues a corresponding certificate.
When an extension of the period is granted after this certificate is issued, the extension of that certificate is abolished and, if necessary, the architect/administrator of the contract issues another certificate.” Section 249 BGB considers exceptional unforeseen events that occur publicly and makes the execution of the undertaking laboriously, though possible, but further threatens the debtor with serious loss. In this case, the judge may reduce the repressive duty to a reasonable level if the law requires it, and any arrangement to the contrary is inconclusive. This will prevent the contractor from having unreasonable events or factors that could affect the performance or completion of the project. This effectively prevents the contractor from viewing the interests of each party as a public policy rule. It should be noted that this differs from the case of force majeure. Indeed, this article defines a boundary between force majeure and unforeseen contingencies. We have not received your notification, so we cannot start work on the original possession date. We will inform you that the contract closing date may be “delayed” due to the notification that was not received in time. If the administrator agrees that the delay was caused by a relevant event, he may grant an extension of time and the completion date will be adjusted.
Whether it is the design, manufacturing, installation or even on-site commissioning, it is very likely that the contractor will have to request additional time to change the initial completion date.
