EXAMPLE OF ADVICE NOTE SUMMARY

a. The Subcontractor will be entitled to extension of time due to the COVID-19 under Clause 26 and shall notify under 26.2.
b. The Subcontractor will be entitled to extension of time due to Contractors Risks which includes Government Acts 24.4 (f)
c. The Subcontractor will not be entitled to costs for EOT claimed under Clause 26 and 24.4 (f).
d. To have a chance to obtain extension of time with Costs it maybe more strategically beneficial to issue the effects felt by COVID-19 under the alternative Clauses listed below if the facts are applicable.
     i.      Clause 10 – Right of Access to the site
     ii.      Clause 12.12 – Other Subcontractors
     iii.      Clause 18.32 – Interference on Tests on Completion
e. As per the Subcontract Agreement a Change in Law under Clause 20.6 – Adjustment in Law is only applicable if effects the Design or Method of Construction of the Works, and hence no entitlement exists if there is a change in Law due to COVID-19.
f. This advice note excludes suspension as there has been no official suspension of the Works.
g. The Subcontractor maybe supported ex-contractually through the UAE Civil Code and Abu Dhabi Law and this will be advised separately and is not considered here.