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| Subject | Date Asked | Expert |
| Drawing descrepancies | 2/8/2012 | Mike Testro |
| Q: I recall years ago while working for an Engineer, their was discussion in our office on weather or ... A: Good Morning The question of precedence of documents is usually set down in the conditions of ... | ||
| Clause 14 programme | 2/8/2012 | Florin NICULESCU |
| Q: Florin, Further to the query I had earlier, we also have issues with the Clause 14 programme. ... A: In general, you can not claim for something that did not occur yet. When something occurs, you need ... | ||
| Advance Payment | 2/8/2012 | Florin NICULESCU |
| Q: FIDIC 87' variant. I am the Main Contractor. We were late in submitting our requisite deliverables ... A: Glad to hear from you, but regret to learn you're facing such problems. Based on provided ... | ||
| Over laps for reinforcement in Slabs,Beams etc., | 2/5/2012 | Liaqat Hayat |
| Q: In a Lumpsum contract if there is a change in reinforcement for slab, beam suppose if span exceeds ... A: Let me start by making a general statement regarding measurement rules for overlaps etc. Normally ... | ||
| Clause 1.9 of FIDIC General Conditions of Contract | 2/5/2012 | John Dowse |
| Q: I have a contract operated under FIDIC.Clause 1.9 states that "The Contractor shall give notice to ... A: The omission of this clause does not prevent the Contractor from claiming when drawings or ... | ||
| FIDIC 1999 - DAB Provisions | 2/5/2012 | Alina Valentina Oprea |
| Q: Is it required that a dispute is referred to the Engineer for determination under Cl 3.5 prior to ... A: The Scl. 20.4 says that any dispute occurred in the contract can be referred to the DAB for its ... | ||
| EOT - Prolongation Claim | 2/3/2012 | Peter M. Elliott |
| Q: UK Fidic Yellow This Contract has had its fair share of Variations, and we (The Contractor) is ... A: Generally costs are recovered for the period of delay, not the period of extension. If you can ... | ||
| international bidding projects Measurement | 2/3/2012 | ALI IRVALI |
| Q: We have a Govt. of India project in Uzbekistan. Being in India, I have quantified the drawing based ... A: Most of contract documents include Method of Measurement either through Technical Specifications or ... | ||
| letter of credit in FIDIC | 2/2/2012 | Peter M. Elliott |
| Q: Would it be possible to use letter of credit (as mode of payment to contractor) in FIDIC ... A: A detailed answer is beyond the scope of this free service, but basically, the payment procedure ... | ||
| Fidic 1992 - clause 52.1 - instruction to increase qty | 2/2/2012 | Peter M. Elliott |
| Q: Sir, Our lump sum contract is under fidic 1992. In the BOQ we have a item having certain quantity ... A: Variations must be priced using the logic of the Contract. If you have a rate for the particular ... | ||
| FIDIC Red Book | 2/2/2012 | Liaqat Hayat |
| Q: During work in progess a payment for 'material on order' occurred. My question is: how will such ... A: I am inclined to agree with your approach to treat the matter on same lines as in case of "material ... | ||
| The right of sub contractor to apply new rates to Contract BOQ | 2/2/2012 | John Dowse |
| Q: As a steel subcontractor working under an Indian bespoke Contract we have an agreed set of rates ... A: There are a number of issues here that prevent any answer being reliable; looking at two in ... | ||
| international bidding projects Measurement | 2/2/2012 | ALI IRVALI |
| Q: We have a Govt. of India project in Uzbekistan. Being in India, I have quantified the drawing based ... A: It is still confusing that a single measurement system has not been adopted globally tough ... | ||
| FIDIC Redbook 1999 Clause 16.2 and 19.6 Termination by Contractor | 2/1/2012 | Peter M. Elliott |
| Q: Peter, We were the main Contractor on a FIDIC 1999 Redbook contract which we terminated for ... A: My apologies for the delayed response. I have been seeking justification for my advice. ... | ||
| extention of time - fidic 1999 | 2/1/2012 | Ashish Gurav |
| Q: In a item rate construction contract, employer has already agreed and granted extention of time. ... A: We have to see under what heads and for what milestone the extension of time is granted. If there ... | ||
| Performance Garantee | 2/1/2012 | Alina Valentina Oprea |
| Q: Contract Scope: Skeleton Works (the finishing works will be carried by another contractor) ... A: Izzadin, The DNP has a fix duration, which is foreseen in the Appendix to Tender. Only in case the ... | ||
| Reducing the supply scope | 2/1/2012 | Florin NICULESCU |
| Q: Touching base with you after a long time. I still recollect the help extended last time around. ... A: In that case, I am afraid you have little if any option, but to be at Employer's disposal and do ... | ||
| FIDIC Redbook 1999 Clause 16.2 and 19.6 Termination by Contractor | 1/31/2012 | Peter M. Elliott |
| Q: Peter, We were the main Contractor on a FIDIC 1999 Redbook contract which we terminated for ... A: 1. Clause 16.4 states what you can recover from the Employer, but you have to prove any loss to be ... | ||
| Performance Garantee | 1/31/2012 | Alina Valentina Oprea |
| Q: Contract Scope: Skeleton Works (the finishing works will be carried by another contractor) ... A: I like your questions. Here are the answers: A1: the procedure is perfect. According to 4.2, the ... | ||
| Reducing the supply scope | 1/31/2012 | Florin NICULESCU |
| Q: Touching base with you after a long time. I still recollect the help extended last time around. ... A: Indeed, did not hear from you since long, good to hear again! Glad I could help then. Firstly, what ... | ||
| Deductions. | 1/27/2012 | Senthil Kumar Sellamuthu |
| Q: We are into a Railway Project governed by FIDIC Red bbok 1987.My question is: Can any deductions by ... A: Prashant, Thanks for your Questions. Check with your contracts, if its applicable for the Retention ... | ||
| Deductions. | 1/27/2012 | Ashish Gurav |
| Q: We are into a Railway Project governed by FIDIC Red bbok 1987.My question is: Can any deductions by ... A: As per Fidic, you have to understand that all interim monthly payments are merely adhoc payments and ... | ||
| Additional Claims for Variation | 1/25/2012 | Senthil Kumar Sellamuthu |
| Q: Is site diary and inspection reports confirmed by Engineer's substantial basis for additional claims ... A: EDZ, Thanks for your Questions. Yes, You are right. The Site Diary, Inspection Report, ... | ||
| Fixed Sum in BOQ | 1/24/2012 | ALI IRVALI |
| Q: What is the explanation of fixed sum in the Bill of Quantities? I have Contract conditions clause ... A: I presume that you are working with FIDIC IV which original text revised directly or through your ... | ||
| Contractor to bear travel costs | 1/24/2012 | Florin NICULESCU |
| Q: Where is it usually stated in contracts where the Contractor is responsible for the cost of the ... A: I am in the office, if needed, I can try searching more during the evening, but since you have that ... | ||
| Contractor to bear travel costs | 1/24/2012 | Florin NICULESCU |
| Q: Where is it usually stated in contracts where the Contractor is responsible for the cost of the ... A: glad to hear again from you. Right now I am in hurry to the office, so can not search for you, but ... | ||
| Rate Enhancement | 1/22/2012 | Peter M. Elliott |
| Q: A Contractor made an unforeseen physical conditions claim under an Infrastructural Works Contract ... A: It is always the political, or personal, rather than technical, effects which make construction so ... | ||
| FIDIC 1999 Red book clause 19.6 (b) - Dubai | 1/22/2012 | Peter M. Elliott |
| Q: In the event of a termination [for convenience] the Contractor is entitled to payment under Clause ... A: In this situation, it depends on the costs of the Contractor. If he has to pay cancellation ... | ||
| DAB Decision | 1/19/2012 | ALI IRVALI |
| Q: We are contracted to use FIDIC MDB 2006 version. My question in relation to Sub Clause 20.4-Obtaning ... A: A DAB seems to be a quasi arbitral panel (having some but not all the features). It does not have ... | ||
| performance bond and contract sum | 1/19/2012 | Ashish Gurav |
| Q: What happens to the performance bond premium factored/included into the contract sum when the ... A: By agreeing to use 10% retention money in place of a performance bond, after award of work, both ... | ||
| Rights of the employer regarding Claim matter | 1/19/2012 | Senthil Kumar Sellamuthu |
| Q: Good day! I am Syril, QS from Hanoi Vietnam. I have just some queries regarding claim matter. Our ... A: Syril, Thanks for your Questions. What ever the issues are behind, the contractor are responsible ... | ||
| Electricity / water connections to building | 1/18/2012 | Senthil Kumar Sellamuthu |
| Q: Kumar I am working as construction manager in a contracting co in qatar. My question is, we are main ... A: Tariq, Thanks for your Questions. Normally, this type responsible should clearly mentioned in your ... | ||
| Consultant withdrwal before sustaitial completion | 1/18/2012 | Senthil Kumar Sellamuthu |
| Q: In a government project, the Consultant was not paid consulting fees for 15 month, after ... A: Seif, Thanks for your Questions. Read the below Fidic - Client / Consultant 1998 Clauses. TIME FOR ... | ||
| Right to claim additional costs due to EoT in FIDIC 1999 | 1/18/2012 | Peter M. Elliott |
| Q: Country: Turkey Applicable Law: Turkish law Form of Contract: FIDIC 1999 Dear Peter, In case of en ... A: Consequential loss is a common law concept and thus might not be applicable in this case; one of the ... | ||
| Rate Enhancement | 1/17/2012 | Peter M. Elliott |
| Q: A Contractor made an unforeseen physical conditions claim under an Infrastructural Works Contract ... A: From the extra information, it appears that the Engineer probably has the rights of the case, but he ... | ||
| Rate Enhancement | 1/17/2012 | Peter M. Elliott |
| Q: A Contractor made an unforeseen physical conditions claim under an Infrastructural Works Contract ... A: If we have a re-measurment contract, then it is possible that the Contractor has a valid comment, ... | ||
| hadis | 1/17/2012 | ALI IRVALI |
| Q: What is hadis A: Hadis is a religious term of Islam. The Hadis (Hadith) is the record of the sayings of Prophet ... | ||
| BOQ Item price/amount allocated to Provisional Sum | 1/17/2012 | Senthil Kumar Sellamuthu |
| Q: Under fidic 1999, for a fixed priced lump sum contract, What if the Contractor put notation on all ... A: Jaime, In that above case, the contractor can not get as a provisional Items for "Furnishing ... | ||
| Contract law | 1/17/2012 | Bogdan Oprea |
| Q: A Contract under FIDIC MDB version 2006 for construction of a highway.The Particulat Conditions of ... A: In order to answer to your question I assume that the provisions of the Sub-clause 1.5 remain ... | ||
| BOQ Item price/amount allocated to Provisional Sum | 1/17/2012 | Senthil Kumar Sellamuthu |
| Q: Under fidic 1999, for a fixed priced lump sum contract, What if the Contractor put notation on all ... A: Jaime, Thanks for your Questions. I think your understanding is not correct. "Under fidic 1999, ... | ||
Construction Law
Answers by Expert:
Peter M. Elliott
Top Expert on this page
Expertise
First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol www.eotprotocol.com before submitting a question.
Experience
Value . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest bidder, it's well to add something for the risk you run.
And if you do that, you will have enough to pay for something better.
. . . John Ruskin (1819 - 1900)
"We are too poor to buy something cheap"
.Romanian Proverb 2002
A lean compromise is better than a fat lawsuit.
George Herbert (English poet 1593-1633)
I said it in Hebrew, I said it in Dutch,
I said it in German and Greek:
But I wholly forgot (and it vexes me much)
That English is what you speak!" Hunting of the Snark - Lewis Caroll
Match your presentation to the reader!
The joy of food lasts but an hour, of sleep but a day, of a woman, but a month, but the joy of a building lasts a lifetime. Syrian proverb.
Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')
Organizations
Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation
Education/Credentials
B Sc(Hons) in Civil Engineering
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