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There is no clause in the FIDIC 1999 that addresses the issue of the concurrent delay.

The
FIDIC also does not address the methods used to determine the EOT. Instead the FIDIC has
given the Engineer arbitral power to evaluate and determine the Contractors entitlement to an
EOT. Unless the parties agree to the Engineer determination, the matter is left to the decision
of an Adjudication dispute board and further to Arbitration proceeding. The method the
Engineer may adopt or follow in evaluating and determining the contractor entitlement to an
EOT in case of concurrent delay dispute, is unknown if it is reflecting the UAE law or other
school of law.

To avoid such a dispute, it has been recommended to the contracted parties that they insert a
clause in their contract addressing the issue of concurrent delay dispute

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