Legal Study Of Claim For Extension Of Time In The Fidic Contract

Because of the complexity and uncertainty of the international project, many external factors often encountered in the construction process. Including design changes, changes in climate condition, geological condition, etc., these factors make the contractor cannot complete in the contract period. Therefore, the construction period delay is inevitable in to some extent. so, as an important measure to protect their own interests, claim for extension of time have an important role in construction project.Due to the particularity of claim for extension of time, the legal issues involved is also multi-faceted. For example, what is the contract basis of claim? Claim Can be put forward by what reason? How to determine the legal basis of its right of claim? What is the program of claim? To this, this article will take the FIDIC contract conditions (1999), based on the perspective of the contractor, to discussed claim for extension of time.In this first chapter,it introduces the principles of claims for extension of time and the confirmation of construction period, and then discusses the FIDIC express and implied terms.In this second chapter, depending on the scope of damages, the contractor claims for extension of time is divided into two categories:one is attributable to the owners; the other is not attributable to the sides of the subject. Combined with a specific case, the paper analyses concurrency.In the third chapter, it is the focus and difficult point of this article. Based on the basic theory of civil law, it investigates five Basis of claim right:the payment delay, breach of third-party obligations, contract changes, force majeure risk-sharing, the situation changes.In the fourth chapter, it describes the FIDIC claim duration and relief ways and introduces the claim limitation system.