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(In a region experiencing civil unrest and armed conflict under a FIDIC Red Book 1999...

(In a region experiencing civil unrest and armed conflict under a FIDIC Red Book 1999 Contract, violence escalates into an insurrection, forcing the Contractor to stop work and retreat to a secured compound. The Contractor issues a notice claiming this is an Employer’s Risk under Sub-Clause 17.3 (a) and (b), requesting Extension of Time and Cost. What is the most appropriate position for the Engineer at this stage?)

A.

This is an Employer’s Risk under Sub-Clause 17.3 (a)/(b), and the Contractor is entitled to EOT and Cost. The Engineer will assess actual entitlement after the event; no further notices are required.

B.

Violence is an Employer’s Risk; however, the Contractor can only claim after the situation ends. The Engineer cannot determine EOT or Cost yet, and the Contractor must submit a fully detailed claim later.

C.

The Contractor should have foreseen such risks due to the region’s history; therefore, Clause 19 is not applicable.

D.

The Employer is in breach of its obligation to provide safe working conditions under Sub-Clause 2.1; therefore, the Contractor can claim on that basis.

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