Dear Planners,
The situation I want you all to advise me on is,
- We are a group of companies and having a building project in Dubai (UAE) as the main contractor and contractually liable to finish the project on March 10, 2011. Prior to my joining, we were 180 days behind the schedule in foundation (piling & shoring) work and could not get the extension of time for the said delay, which I think due to lack of knowledge and experience. Also we could not recover that delay so far.
- We haven’t appointed any DAB in the beginning of the contract.
- A company of our own group was the MEP subcontractor who delayed the work more than 120 days.
- We (the main contractor) were much behind the main schedule in the civil works as well.
- The consultant terminates the MEP subcontractor (who was our sister concern) on October 16, 2010
- The consultant appoints the new subcontractor on January 12, 2011 and gave him seven months to completion complete the work.
- All the civil work related to MEP remained stopped.
- After the nomination of new subcontractor, we ask for an extension of time for the civil work following MEP which was refused by the consultant saying that the work (curtain wall, aluminum cladding, garbage chute, tilling etc.) was not stopped on the site. So the contractor is not entitled of the time extension.
Please advice;
Is here any support for us in FIDIC to get the EOT in this case while the consultant took almost three months in appointing new subcontractor, do FIDIC has some clause related to the time for in appointing the new subcontractor? If yes, which is that clause?
Cheers - Tanveer