| Subject | Date Asked | Expert |
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| Time at large | 2/9/2010 | John Dowse |
Q: I am currently administering a contract where the circumstances are as follows: 1. Contract has two ...
A: In view of the lack of knowledge I have of your situation and the limited information that it is ...
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| Claim / Compensation | 2/7/2010 | Alina Valentina Oprea |
Q: We are presently constructing a jetty at dhaka , bangladesh.In the bank protection work we have been ...
A: In the case presented it is about the lack of access and possession of site, which caused delays and ...
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| Variation | 2/7/2010 | John Dowse |
Q: In a tender drawing the length of a tunnel was 150 meter, but when the construction drawing issued ...
A: As is often the case with questions I receive, there is information missing which would be desirable ...
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| Variation | 2/7/2010 | Peter M. Elliott |
Q: In a tender drawing the length of a tunnel was 150 meter, but when the construction drawing issued ...
A: There is no need for a variation order, just because the quantities have increased, under the FIDIC ...
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| Variation in work | 2/7/2010 | Alina Valentina Oprea |
Q: In a tender drawing the length of a tunnel was 150 meter, but when the construction drawing issued ...
A: Once the Consultant issued the drawings showing a tunnel on 300 m instead of a tunnel of 150 m as ...
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| Time at large | 2/7/2010 | John Dowse |
Q: I am currently administering a contract where the circumstances are as follows: 1. Contract has two ...
A: It is clear from your narrative that the situation is quite complex and it is possible that it is ...
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| difference between Advance payment and Downpayment | 2/7/2010 | Florin NICULESCU |
Q: What is the difference between Advance payment and down payment in construction Industry. Regards ...
A: You did not specify what type of Conditions of Contract are you using, but in principle, they should ...
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| contractual issue | 2/6/2010 | senthilkumar sellamuthu |
Q: We signed a contract with the client in U.A.E. directly without a specification from their side and ...
A: Unni, Thanks for your Question. Your Questions not clear. Check with your conditions of contracts ...
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| Breeching of Contract | 2/6/2010 | Florin NICULESCU |
Q: Is it possible to short list the cases to be considered for breaching the contract by contractor I ...
A: Concerning first request, I am afraid that would exceed limits of this site, as answer would require ...
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| Issue of Instructions | 2/5/2010 | Peter M. Elliott |
Q: My Contract is FIDIC "Red" 1999 version. I have submitted two EOT claims that have not been ...
A: The Engineer can issue instructions provided that the taking over certificate has not been issued ...
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| Escalation on Variations | 2/4/2010 | liaqat hayat |
Q: 70.1 (Part II Conditions of Contract) says, price adjustment factor to be applied on work done in ...
A: I have following to say on the points touched in your question. 1)Let me clarify that "C" value ...
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| Difference between claim under Clause 12.2 and 53.1 (FIDIC 1987 Re 1992). | 2/4/2010 | liaqat hayat |
Q: I have a little confusion between these two stated clauses. Both relate to claims. Certainly 12.2 ...
A: In my opionion,I agree that there is some duplication regarding submission of claims in clause 53.1 ...
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| ICE Clause 11 | 2/4/2010 | John Dowse |
Q: Order of documents Contract Agreement Schedule of Post Tender Amendments Conditions Employer’s ...
A: Al, Thank you for the additional information. The situation appears to be far from clear cut. As ...
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| delay and extension of contract | 2/4/2010 | John Dowse |
Q: I am busy on a big project as member of the consultant team. we are using FIDIC 1999 General ...
A: I am happy that you were satisfied with my earlier response. With regard to the contract being a ...
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| 13.7 Adjustments for Changes in Legislationn | 2/4/2010 | Florin NICULESCU |
Q: Is it possible to be taken into account under Sub-Clause 13.7 Adjustments for Changes in ...
A: Mustafa Bey sellam, Tesekur ederis for your question. That would be next to impossible, first of ...
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| Engineer's Decision - FIDIC 1987 | 2/4/2010 | Peter M. Elliott |
Q: Is it a prerequisite that the contractor will need to exhaust the contract procedure for claims ...
A: It is only necessary that a dispute has arisen for the Contractor to ask for an Engineer's Decision ...
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| construction law | 2/3/2010 | Shan Greer |
Q: i got the job of roofing a house, at the time the job came up i was unable to do it so i ...
A: The issue is not really whether or not you can hold him responsible. If you signed a contract with ...
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| delay and extension of contract | 2/3/2010 | John Dowse |
Q: I am busy on a big project as member of the consultant team. we are using FIDIC 1999 General ...
A: In answering I assume that the FIDIC conditions have not been amended for the project. I also assume ...
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| FIDIC interim payments | 2/3/2010 | Nasir Gilani Syed |
Q: I am a quantity surveyor on a construction site in the UAE appointed by the client. Every month ...
A: client cant deduct any monies, except there is a certified employer's claim against contractor. ...
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| Variation Rates | 2/3/2010 | Peter M. Elliott |
Q: We are PQS on a 5 star hotel project. The project contract is Item Rate basis with a Preliminary ...
A: What is defined as 'cost' in the contract? If there is nothing defined then your definition is as ...
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| EOT Claim | 2/3/2010 | Florin NICULESCU |
Q: I have to clarify followings regarding EOT claim, 01.This contract under FIDIC yellow book,I am ...
A: 1. Use last phrase of 5th paragraph of Sib-Clause 20.1 and subsequent point a) and b), respectively ...
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| PAYMENT ON MATERIAL ON SITE | 2/2/2010 | Florin NICULESCU |
Q: IF I PAID MATERIAL ON SITE OF R300 000.00 IN PAYMENT CERTIFICATE NO.2, AND WHEN WE MEASURE FOR ...
A: You should definitely not pay twice for anything. You have paid that amount for the materials and in ...
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| ICE Clause 11 | 2/1/2010 | John Dowse |
Q: Order of documents Contract Agreement Schedule of Post Tender Amendments Conditions Employer’s ...
A: Alan, Thank you for your question. I do not have a copy of the ICE General Conditions of Contract ...
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| MATERIALS ON SITE | 2/1/2010 | Peter M. Elliott |
Q: am working in a mep project as qs in our project we calim for materials on site with the copies of ...
A: How can you claim for materials that have been returned, for whatever reason? If I was the ...
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| risk register | 1/31/2010 | Florin NICULESCU |
Q: am working as a trainee QS in an MEP project can u please help me to understand what is ment by risk ...
A: Firstly, please note there is no standard format recognised across the industry, it is rather a ...
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| Approved drawings | 1/30/2010 | Nasir Gilani Syed |
Q: I am working in an interior contracting company and we received one of the commented drawings by the ...
A: Mr. Mohammad, Though I have replied your question before but still it is shown in my account, reply ...
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| Claim validity | 1/30/2010 | Peter M. Elliott |
Q: We are the contarctor working under FIDIC 1987 and are considering to forge ahead with a claim due ...
A: You might have a chance with delay and disruption if the delay in specifying the tiles affected your ...
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| advance payment recovery | 1/30/2010 | Alina Valentina Oprea |
Q: could u pls explain the methods for recovery of the advance payment in construction contracts in ...
A: You’re welcome. See below your next answers. From the details you have provided I understand that ...
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| As built drawing | 1/30/2010 | Peter M. Elliott |
Q: If there is no BOQ quantity for as built drawing, and the tender document does not specifically ...
A: You can claim for the cost, but will the Engineer except it? If there is no mention of the need to ...
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| Price Adjustment in Fidic 1999 Yellow Book | 1/29/2010 | Daniel Kazado |
Q: Could you please inform what you understand from the below sentences of Clause 13.8 in Fidic 1999 ...
A: 2. Yes Correct. 3. You may request for it with relevant evidences, but it is still subject to ...
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| advance payment recovery | 1/29/2010 | Alina Valentina Oprea |
Q: could u pls explain the methods for recovery of the advance payment in construction contracts in ...
A: 1. One used method of recovering the advance payment is to start the recovery of the advance payment ...
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| Price Adjustment in Fidic 1999 Yellow Book | 1/29/2010 | Daniel Kazado |
Q: Could you please inform what you understand from the below sentences of Clause 13.8 in Fidic 1999 ...
A: With reference to your items ; 1. The sentence means that; If this clause 13.8 is applicable in ...
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| Prolongation Cost | 1/28/2010 | Florin NICULESCU |
Q: The Contractor, while submitting his claims for prolongation cost, has shown Bonus to his employees. ...
A: I am not sure I understand what kind of bonus are you referring to. If it was a bonus the ...
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| Is a Contractor's proposal a variation - FIDIC 1999 | 1/28/2010 | Peter M. Elliott |
Q: I work for a contractor in the UAE using FIDIC Conditions of Contract for Construction for building ...
A: I suspect that the Engineer approved your proposal on the basis of no time or cost effect. It is ...
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| Drafting changes in Drawings constitute a variation? | 1/28/2010 | Daniel Kazado |
Q: Our sub-contractor submitted a variation for the changes in the alpolic panels. Originally the ...
A: If there is an instruction to make a change in the design then the Contractor is entitled to request ...
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| Excessive Counterclaim | 1/28/2010 | Shan Greer |
Q: I was contracted to install a driveway for a client.£32000.A payment schedule was in place that the ...
A: I have a better understanding of the question but I'm not sure why they are of the view that this is ...
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| fidic 1987 revised | 1/27/2010 | Peter M. Elliott |
Q: What weight does a tender program carries? The contractor is yet to submit his program under clause ...
A: The tender programme has little weight if it is not defined in the contract documents or in the ...
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| Surplus Material | 1/27/2010 | senthilkumar sellamuthu |
Q: I am a Quantity Surveyor working for Contractor in Qatar. I am just reproducing a clause of General ...
A: Babu, 1. Can I understand the clause like – the surplus material pertaining to the items which are ...
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| Arbitration | 1/27/2010 | John Dowse |
Q: The Engineer given a decision against contractor according to fidic 87. In the light of the decision ...
A: I apologise if there has been a delay in responding to you. I have been changing my Internet service ...
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| Excessive Counterclaim | 1/26/2010 | Shan Greer |
Q: I was contracted to install a driveway for a client.£32000.A payment schedule was in place that the ...
A: I believe that this is unreasonable behaviour. In order to substantiate a claim for the cost of ...
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