Facing the COVID-19 virus, we should all help in any way we can.
I can do a little by providing you with a graphic presentation of the FIDIC 1999 clause regarding Force Majeure. This is probably helpful for Employers, Engineers, Contractors and Subcontractors. Have a look at the short movie here below (3 minutes).
Short video presentation of FIDIC 1999 clause on Force Majeure
Important reminders about Force Majeure claims
Please be reminded that the time is now to take the following actions:
– To minimize the delay with reasonable endeavors and to communicate about your actions;
– To collect the data and the causation: what specific obligations/performance has been prevented by FM? What concrete consequences of corona for your specific case have impacted the schedule and to what extent?
– What are the notification requirements in your contract?
– How should you formulate your claim?
– Are there any time-bars?
– Can the contract be terminated and, if yes, when?
– What payments will be due in case of termination?
Blindly considering that you will get that extension of time anyway is a big mistake!
Especially do not forget to notify!
If you are not sure how to do all this, consider getting some professional advice. Share your comments below and don’t hesitate to contact me in case of doubt.
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