Comparison of time extension provisions between the Joint Contracts Tribunal and Iraqi Standard Bidding Document

Abstract

Many contractors face challenges in completing the project on time due to delays arising for various reasons, including reasons beyond the contractor's control, such as force majeure, exceptionally bad weather conditions, changes, etc. As a result, contractors submit a time extension claim to make up for lost time and set a later completion date to complete the project. Each contract has its terms for the extension of time (EOT). Therefore, the objective of this article is to study the provisions for extending the time when the reasons are beyond the control of the contractor according to Iraqi Standard Bidding Documents for Procurement of Works (SBDW) and the Joint Contracts Tribunal (SBC/Q 2016). The article also aims to show the extent of the difference between the two contracts in applying these provisions. The study found that when submitting a claim in the Iraqi SBDW, the contractor shall consider the notifications relating to it as per the specified period. Therefore, they will not be considered if claims are submitted after that period. In SBC/Q 2016, submitting a claim notice is not required to gain additional time. Therefore, the failure to provide notice does not forfeit the right to claim additional time. This study enhances the contractor's knowledge of the terms related to the EOT under the two contracts, reducing the disputes resulting from a misunderstanding of these provisions.