28 days period
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Ahmed ElkordyMember for 18 years 3 months
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Dear all
Please correct me..I understand that according to fidic a notice of claim should be issued within 28 days from the event. And the claim is to be sent any time after that??
Well the issue at hand here is that we are a subcontractor. In the client/main contractor contract, it is mentioned otherwise. It says that a claim is to be sent within 28 days from the event.
In the main contractor/subcontractor contract (ours), nothing regarding claim is mentioned.
The question at hand is, should we stick with fidic, client/contractor contract, or contractor/subcontractor contract(i.e. no time limit or constraints for claim submission)?
Also, in another case, what if the delay is caused by main contractor not employer?
Please correct me..I understand that according to fidic a notice of claim should be issued within 28 days from the event. And the claim is to be sent any time after that??
Well the issue at hand here is that we are a subcontractor. In the client/main contractor contract, it is mentioned otherwise. It says that a claim is to be sent within 28 days from the event.
In the main contractor/subcontractor contract (ours), nothing regarding claim is mentioned.
The question at hand is, should we stick with fidic, client/contractor contract, or contractor/subcontractor contract(i.e. no time limit or constraints for claim submission)?
Also, in another case, what if the delay is caused by main contractor not employer?
1 reply
Oldest first- 0Samer Zawaydeh ·Dear Ahmed,
You have two running Contracts here. You are responsible for one, and very much affected by the other.
Depending on your experience and the experience of your main Contractor, you need to make sure that the Main Contractor is reporting all his delays in a timely manner withing 28 days from the start of the event, and reporting the detailed cost within 42 days (or as approved by the Engineer). Basically, the Main Contractor should have enough support and good record keeping to complete the FIDIC requirements.
On the other hand, you have your own Contract and you need to make sure that you read all the clauses carefully and check how it allows you to submit claims and get approval from the Main Contractor.
Best Regards,
Samer
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