👉Extension of Time: in Relevant Clauses in PPA 2011

From sources such as “Comparisons between FIDIC (1999) and Ethiopian PPA 2011” and academic reviews, the following clauses are relevant.

Clause 73 — Extension of Intended Completion Date

Clause 73.1 – The Contractor may request an extension of the Intended Completion Date if he is, or will be, delayed in completing the contract by any of the following causes:

1. exceptional weather conditions;

2. artificial obstructions or physical conditions which could not reasonably have been foreseen by an experienced contractor;

3. a Compensation Event or a Change Order is issued which makes it impossible for completion by the original date;

4. administrative orders affecting the date of completion, other than those arising from the Contractor’s default;

5. failure of the Public Body to fulfil its obligations under the Contract;

6. any suspension of the works not due to the Contractor's default;

7. force majeure;

8. any other causes in the GCC which are not due to the Contractor’s default.

Clause 73.2
Notice obligations:

The Contractor shall, within 15 days of becoming aware that a delay may occur, notify the Engineer of his intention to make a request for extension of time to which he may consider himself entitled. Then, unless agreed otherwise, within 21 days from that notification, the Contractor must deliver full and detailed particulars of the request.

Clause 73.3
Decision by Engineer:

After receipt of the detailed particulars, the Engineer shall, within 21 days, grant such extension of the Intended Completion Date (if justified) or inform the Contractor that he is not entitled to an extension.

Clause 74 — Compensation Events for Allowing Time Extension

Clause 74 defines what events are Compensation Events — these are events caused typically by the Public Body (or others outside the contractor's control) which justify extension. Examples include:

The Public Body not giving access to part of the site by the date in the approved work program;

The Public Body modifying schedule of other contractors in a way that affects this Contractor;

The Engineer delaying issuance of drawings/specifications or instructions; etc.

Assume the following Case:

[Let the delay is caused by the client's failure to supply the Ready Mix Concrete and assume supplying RMC is part of its obligations under the Contract.However the Engineer dot down the event on the site log, the contractor is not submit early notice to the engineer within time]

That is one of the causes listed under Clause 73.1. So under PPA 2011 the contractor may request EOT for that delay.

However, Clause 73.2 requires the Contractor to notify within 15 days of becoming aware that such a delay may occur, and then provide full/detailed particulars within 21 days of that notice.

The engineer’s site log note is helpful evidence that the delay was identified and to support the contractor notice if noticed earlier, but here the Contractor himself not issued the required formal notice (as per the contractual clause), the claim could be rejected as non-compliant with notice requirements.

Conclusion

As per PPA 2011:-

There is a contractual basis to request an Extension of Time because the delay is due to the Public Body’s failure (assuming the above obligation is in the contract).

But no, the engineer’s notice in the site book, though helpful, does not substitute the Contractor’s obligation to notify and submit full particulars as required by Clause 73.2.

Read also:

Clause 74.2
Granting the Time Extension

If a Compensation Event arises which prevents completion before the Intended Completion Date, then the Engineer must decide whether to extend the Intended Completion Date and by how much.

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