FIDIC advice notes

In construction projects using the FIDIC Conditions of Contract for Construction, 1999 First Edition, the Employer is obliged to grant the Contractor Right of Access to the Works until the Performance Certificate has been issued subject to reasonable security considerations, as governed by Clause 11.7. This clause would normally find application in situations where the Employer and Contractor are having a dispute of some sort, and the latter is prevented from continuing their work.  Thus, if the Employer does not allow the Contractor access without good reason they will be in breach of contract. The Contractor could even possibly bring an application for an interdict against the Employer to restrain them from denying access to the Works.

FIDIC Red Book (1999 Ed) – Variations and Extension of Time, parties are reminded that unlike the 2017 Edition, the Contractor is still required to give a separate notice of a claim for an EOT for a delay caused by a Variation as this notice has not been built into the Variation clause.