Menu
Home>Levelset Community>Legal Help>Can the Contractor be entitled to additional cost for the claim of right of access?

Can the Contractor be entitled to additional cost for the claim of right of access?

CaliforniaBack ChargesConstruction ContractPayment Disputes

Greeting, First of all, I would like to thank you for giving me a chance to ask about a thing that is important for my job in my company. I am working as a Contract Specialist in a Chinese company in Georgia on an international Construction Project. Our contract signed with the Employer is FIDIC MDB2010. Currently, as a Contractor, we have 9 months construction delay. However, the Contractor has 2 accepted claims that have a continuing effect: 1. Covid-19 epidemic claim (submitted under SC 8.4(d) and 8.5) 2. Right of Access to, and possession of the Site, which was delayed as a result of the failure of the Employer (submitted under SC 2.1). The Project scope is 10 km. The Contractor has possession of the Site for 9 km, but there is no possession for 1 km yet. The Contractor requests 9 months EoTfC without additional cost for the first claim that has been impacting the whole project works, and 7 months EoTfC with additional cost (plus profit) for the second claim that has been impacting only the works to be performed in the scope of aforesaid 1 km. My question: in case the Contractor is granted 9 months of EoTfC without cost for the claim of Covid-19 epidemic, can the Contractor be entitled to additional cost for the claim of right of access?

0 replies