Parties are free to change the preconditions for enforcement if they are perceived as unreasonable or even unfair. In addition, contractors are not contractually required to bid for the project and do not accept the performance of the above standard contracts if they are not satisfied with the conditions. Ultimately, this is good contract management, in which the contract officer or project manager should be vigilant about all time-related communications. While I have shown in this article that there may be ways to circumvent the requirements of communication, it is only a matter of limiting damage or solving problems that do not have to arise from the outset. In this article, I will face the importance of fulfilling this previous requirement for any request for EOT and E-E, especially in view of adversity, contractors facing the current global atrocities. If the termination requirement is interpreted as mandatory and not just as a directory character, it may be difficult to assert a right to eOT or E-E if it does not comply with the termination requirement. Conversely, failure to comply with this request for disclosure, if interpreted as a list, may not be the end of the road for the contractor and the contractor can still successfully request EOT or L-E. If a customer wishes to purchase a product or receive services in today`s commercial arena, they must accept the terms of a standard contract drawn up by the other party. The same goes for the construction industry. There is always an inequality in the bargaining power between players in the construction industry, as the parties rarely act on an equal footing. The article will focus primarily on the conditions set out in the following standard contracts: a request for EOT and E-E generally provides for the obligation to complete a written notification within a specified time frame as a precondition for such a right. The main objective of the strict timetable clauses is to improve and facilitate the proper management of work contracts in order to ensure smooth progress and timely completion.
A delay notification would help project advisors make an informed decision on how the instruction should be given or mitigated in order to reduce the effects of a delay or even to withdraw the instruction altogether. Therefore, if your contract does not have such an explicit provision, it is doubtful that the Tribunal`s centre of gravity will be shifted to the actual value of the EOT or L-E application itself instead of focusing on its terms. Before going any further, it is imperative to understand when a requirement to terminate your contract is considered a prerequisite to the previous one. This provision should be interpreted as a precondition for precedent if one must not be too strict in interpreting the written duty of notification, unless what amounts to a termination is clearly defined in the treaty.