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FIDIC term and conditions of contract is practical skill -- claim for compensati
From;    Author:Stand originally

International contractor should establish such concept, cannot say the project is so finishing that the project had jumped over earlier generally namely. Because be like not plan the word of cost, want to throw manpower, material resources and mechanical equipment without limit to wait in great quantities only, the project can be for certain inside cutty time be able to finish, but the result is economically severe loss necessarily. Should be to be below the premise condition with devoted changeless resource, choose and implement optimal economy time limit for a project, in order to ensure project can final gain. The actor bad that time limit for a project arranges is mechanical to the programme of construction, construction of the equipment of equipment, material purchase amount of arrangement, personnel to wait all influential, should build go up in practical foundation. Accordingly, contractor must study contract time limit for a project is reached seriously to it question of pertinent claim for compensation, strive to accomplish by plan complete.

Discuss international to contract below the problem of common claim for compensation of time limit for a project in the project. Because the general article of FIDIC contract standard is written with English, contract the 5.1st (language and law) the working language that normally the regulation uses also is English, and Chinese-English is existing again on two kinds of languages difference, some places make clear the provenance of English original term in article, so that explain better,concern an issue.

The incur loss through delay of the project

What is meant by " incur loss through delay " (Delay) , be in FIDIC contract and do not have specific definition, but contractor can consult contract the 6.4th (blueprint by accident period reach its charge) , the 40.1st (temporary shutdown) , the 42.2nd (fail to give take up authority) mix the 47.1st (by accident period damages is expended) wait for clausal content to make relevant explanation.

Contract the 14.1st (the plan that should submit plans) in regulation, contractor wins the bid in what acquire owner after advice note, should refer a written plan plan and construction organization specification, should notice when the work out practical and take superabundant land, should strive to get the approval of advisory engineer. This plan plan and the 46th (construction schedule) operable, provided frame of reference of a time, contractor can serve as the basis that has concerned claim for compensation of time limit for a project accordingly, and edit to what plan formerly reach those who distinguish a project is protracted have claim for compensation to owner, enhance ego to protect a position.

Think when advisory engineer the real rate of progress of contractor lags behind somewhat than planning schedule, unwarrantable according to the contract the 43.1st (complete time) when formulary time limit for a project is finishing, basis having right contract the 46.1st (construction schedule) regulation, requirement contractor " accelerate construction plan " (ExpediteProgress) , often say namely " work " , and contractor does not have any reason the requirement lengthens time limit for a project. This set at the same time, if this kind of plan is backward,do not have appropriate occasion, can think to belong to at this moment " incur loss through delay " , contractor is about to accelerate construction and " have no right to ask to pay premium to take these step " . If appear incur loss through delay, contractor should adopt all sorts of measure to redeem the passive situation that already formed to prevent the incur loss through delay with new reappear, in order to avoid a contract the 47.1st (by accident period damages is expended) amerce.
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