FIDIC Red Book (1999) PDF

 (b) the Contractor shall send further interim clalms at monthly intervals, giving the accumulated delay and/or amount claimed, and such further part~cularsas the...

 (b) the Contractor shall send further interim clalms at monthly intervals, giving the accumulated delay and/or amount claimed, and such further part~cularsas the Engineer may reasonably require: and (c) the Contractor shall send a final claim withln 28 days after the end of the effects resulting from the event or circumstance. or wlthin such other period as may be proposed by the Contractor and approved by the Englneer. Wlthln 42 days after recelvlng a clalm or any further partlculars supporting a prevlous clalm or wlthln such other period as may be proposed by the Englneer and approved by the Contractor, the Englneer shall respond wlth approval, or with disapproval and detailed comments He may also request any necessary further partlculars but shall nevertheless glve h ~ sresponse on the pr~nc~ples of the clalm wlthln such tlme Each Payment Certificate shall include such amounts for any claim as have been reasonably substantiated as due under the relevant provision of the Contract. Unless and until the particulars supplied are sufficient to substantlate the whole of the clalm. the Contractor shall only be entitled to payment for such part of the clalm as he has been able to substantlate. The Engineer shall proceed In accordance with Sub-clause 3.5 [Determinat~ons]to agree or determ~ne(i) the extension (if any) of the Time for Completion (before or after its explry) in accordance wlth Sub-clause 8.4 [Extension of Time for Completion]. and/or (11) the addltlonal payment (if any) to whlch the Contractor is entitled under the Contract. The requirements of this Sub-clause are In addltlon to those of any other Sub-clause which may apply to a claim. If the Contractor falls to comply w ~ t hthis or another Sub- Clause in relation to any claim, any extension of time and/or additional payment shall take account of the extent (if any) to which the fallure has prevented or prejudiced proper lnvestigatlon of the clalm. unless the claim IS excluded under the second paragraph of this Sub-clause. 20.2 Appointment of the Dlsputes shall be adjud~cated by a DAB in accordance wlth Sub-Clause 20 4 Dlspute Adjudlcatlon [Obtaining Dispute Adjudication Boards Decwon] The Partles shall jointly appolnt a Board DAB by the date stated ~nthe Appendlx to Tender The DAB shall comprlse. as stated in the Appendix to Tender, elther one or three suitably quallf~edpersons ("the members"). If the number IS not so stated and the Partles do not agree otherwise, the DAB shall comprlse three persons. If the DAB is to comprise three persons, each Party shall nominate one member for the approval of the other Party. The Partles shall consult both these members and shall agree upon the third member. who shall be appointed to act as chairman. However, if a list of potential members is Included In the Contract, the members shall be selected from those on the list, other than anyone who is unable or unwilling to accept appointment to the DAB. The agreement between the Parties and elther the sole member ("adjudicator") or each of the three members shall incorporate by reference the General Conditions of Dispute Adjudlcatlon Agreement contained in the Appendix to these General Conditions, with such amendments as are agreed between them. The terms of the remuneration of either the sole member or each of the three members, including the remuneration of any expert whom the DAB consults. shall be 59