Where a contractorsubcontractor is granted an extension of time is there an automatic right to the recovery of loss and expenseQuote the FEDIC yellow book 2017 clause and more than 200 words
The FIDIC Yellow Book 2017 clause addressing the recovery of loss and expense in the event of an extension of time is Clause 8.4, which states that "If the Contractor incurs Cost or suffers Delay as a result of any delay, hindrance or prevention by the Employer, or any other event which is a risk allocated to the Employer under these Conditions, the Contractor shall give notice to the Engineer, with a copy to the Employer, as soon as practicable and, in any event, within 28 days of the Contractor becoming aware, or having become aware, of the delay, hindrance or prevention."
The clause goes on to state that the Contractor shall be entitled to an extension of time for any such delay, hindrance or prevention, and that "The Contractor shall also be entitled subject to Sub-Clause 20.1 [Contractor's Claims], to be reimbursed by the Employer for any such Cost incurred by the Contractor as a result of any such delay, hindrance or prevention, including any prolongation, suspension or disruption of the Works."
However, it is important to note that the Contractor must comply with the notice requirements outlined in the clause, and failure to do so may result in the loss of entitlement to recover such costs. Additionally, the Contractor must provide sufficient evidence to support their claim for loss and expense, and the Engineer and Employer have the right to review and challenge such claims.
In summary, while the granting of an extension of time may entitle the Contractor to recover loss and expense under Clause 8.4 of the FIDIC Yellow Book 2017, there are specific notice and evidentiary requirements that must be met in order to do so
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