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Forensic Claims Analysis

FIDIC Clause 20.1

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Tanveer Ahmad NiaziMember for 20 years 10 months
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 Hi All

I have doubt in FIDIC 1999 clause No. 20.1 “Within 42 days after receiving a claim or any further particulars supporting a previous claim or within such other period as may be proposed by the Engineer and approved by the Contractor.”

The clause can be interpreted as

“Within 42 days after receiving a claim or within 42 days any further particulars supporting a previous claim or. . . “

Please clear my doubt

What if the Engineer asks for a meeting / workshop to the contractor on the 38th day of the submission of the contractor’s interim claim and says that 42 day shall be counted from the date of the meeting / workshop. And rejects the claim after 72 days after the submission of the claim

Cheers - Tanveer

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4 replies

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  1. 0
    Mike Testro ·
    #1

    Hi TanveerIf within the first

    Hi Tanveer

    If within the first 42 days the Engineer asks for further particulars then he has another 42 days after submission to study them.

    He can then reject the claim within the 2nd 42 days.

    It is possible that the engineer may request further particulars during a meeting / workshop.

    Best regards

    Mike Testro

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  2. 0
    Tanveer Ahmad Niazi ·
    #2

    Dear Mr. TastroThank you for

    Dear Mr. Tastro

    Thank you for your reply. Further to my post, what if in the meeting / workshop the Engineer just a high level summary of the submitted claim.

    Cheers - Tanveer

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  3. 0
    Mike Testro ·
    #3

    Hi TanveerThat does not seem

    Hi Tanveer

    That does not seem like "further particulars". The Engineer must request further particulars and he gets another 42 days to review it after submission.

    Best regards

    Mike Testro

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  4. 0
    Tanveer Ahmad Niazi ·
    #4

    Dear Mr. TastroTahnk you very

    Dear Mr. Tastro

    Tahnk you very much for your further clarification. It is now very clear to me. Thanx a lot.

    Best Regards - Tanveer

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