Shura legal experts succeeded in throwing off the claimant’s compensation for the operational cost and the extension of contract for work worth $ 100 million while representing our client – respondent- before international arbitration tribunal, where the arbitral tribunal adopted our vision that the dates specified in the FIDIC contract are binding lapse dates, we devoted in our defense with the contractor’s failure to manage the contract and its mistake compliance with clauses of the contract which govern relation between parties.
It was the contractor’s duty if he sue that deserve extension for completion period or any additional sums according to any clause in the contract, he had to notify the employer describing the event leading to the claim provided by sending notification as soon as possible and not late for 28 days after his knowledge. But the contractor has failed to notify his claim during 28 – day period he doesn’t deserve any additional payments.
We abide by the right application of law rules requires adherence to the contract value as it is concluded on the basis of designs which agreed upon for fixed total lump sum, so the contractor has not the right to claim any increase in the total lump sum and the contract price may only be modified by changing orders enacted and approved by project’s consultant engineer.
So, we obtained arbitral ruling to absolve our client of all responsibilities related to the claim
