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About 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.

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')

   

You are here:  Experts > Industry > Construction Industry > Construction Law

SubjectDate AskedExpert

New BOQ after deduction of Works11/19/2009Peter M. Elliott
  Q: We as the Contractor signed a Contract based on 1992 FIDIC for a Road Construction Project. In the ...
  A: If I understand correctly, after 3 years, the length of the road was reduced from 250 km to 150 km, ...
New BOQ after deduction of Works11/19/2009liaqat hayat
  Q: We as the Contractor signed a Contract based on 1992 FIDIC for a Road Construction Project. In the ...
  A: May I respond to your four points raised as follows. (1)You have not mentioned if after 100 km road ...
New Contract Amount after deduction of Works11/19/2009Shan Greer
  Q: We as the Contractor signed a Contract based on 1992 FIDIC for a Road Construction Project. In the ...
  A: I will need some further information. 1) Kindly confirm if it is a fixed price contract? 2) You ...
Difect Liability11/19/2009Alina Valentina Oprea
  Q: During defect liability period,one bridge was damaged by private vehicle accident.In this case who ...
  A: During the Defect Liability Period, called, also, Defect Notification Period in some contracts, the ...
Increase of performance guarantee11/19/2009Peter M. Elliott
  Q: Could you please help me in resolving the following matter? In which cases does FIDIC specify ...
  A: FIDIC 1999 defines, in the Appendix to Tender, the value of the Performance Security as a percentage ...
Preliminaries and general11/18/2009Nasir Gilani Syed
  Q: Sir, we have hired labour and equipment on a fixed montly cost. Mobilisation and demobilisation is ...
  A: It depends on the wording of contract, LOA, Request for Tender and Contractor's offer. If "work" is ...
Direct Payment To Nominated Subcontractor11/18/2009Shan Greer
  Q: We have a contract which is about to finish. How ever the Engineer and Client engaged a sub ...
  A: Under Clause 59.4, you are entitled to claim any labour you supplied as well as any charges or ...
"Contract Coart Case Desision " & "Settlement of Disputes and Arbitration"11/18/2009Florin NICULESCU
  Q: Gawe Me on a "Contract Coart Case Desision " & "Settlement of Disputes and Arbitration" Exeampale ...
  A: For replying it however, please detail clearer what is you are actually looking for. What Conditions ...
Variation of Lump Sum Items in BOQ11/17/2009Nasir Gilani Syed
  Q: We are an MEP Subcontractor, signed up to the FIDIC Form of Subcontract and tied into a construction ...
  A: Under FIDIC 87-92 CL. 52.2, Engineer can determine any rates but they are subject to your & Client's ...
Claims - Coral Found During Excavation11/17/2009Peter M. Elliott
  Q: We signed a contract to construct a house in the Caribbean. While excavating for the various ...
  A: You do not mention the form of contract, so the following comments are general in nature. Lump sum ...
Termination by Employer11/17/2009John Dowse
  Q: On ongoing pipeline construction Project Time for completion come into ''At large'' due to the ...
  A: Slobodan, Thank you for your question. Sub-clause 15.2(c)(i) relates to termination by the ...
engineers decision11/14/2009liaqat hayat
  Q: can engineer reverse his decision,fidic 1987,engineer is of the opinion that he has given the ...
  A: There has to be some grounds for the revision of Engineer's decision like Engineer not having ...
Design Revision FIDIC 1999 Yellow Book11/13/2009Alina Valentina Oprea
  Q: I am working for a Contractor in Azerbaijan for a road widening project. The Contract is FIDIC 1999 ...
  A: You may read "The FIDIC Contracts Guide" and will see that 13.1 and 13.2 do not apply in your case. ...
EOT - adjustments11/13/2009liaqat hayat
  Q: Alina Valentina Oprea, We are a Contractor under a Yellow FIDIC Contract (1999). Please be kind to ...
  A: If the owner fails to issue Notice to Proceed with time frame set forth in the Contract, the ...
construction law11/12/2009liaqat hayat
  Q: How do you distinguish MILESTONE PAYMENTS from PROGRESS PAYMENTS. Kindly state a case law regarding ...
  A: Let me explain that progress payments are interim payments released usually once a month for the ...
construction law11/12/2009Shan Greer
  Q: What is the difference between MILESTONE PAYMENTS from PROGRESS PAYMENTS in construction law. Thank ...
  A: Progress payments are the most common form of payment in construction contracts. Under this method, ...
Clause 53.111/11/2009liaqat hayat
  Q: AOA, CAN YOU PLEASE CLEARIFY FOLLOWING PART OF CLAUSE 53.1 (Notwithstanding any other provisions ...
  A: AOA, The 'notwithstanding' appears to address to other clauses of the contract such as clause ...
Role of Engineer and Employer11/11/2009Daniel Kazado
  Q: (1) The Department of Works & Services carries out construction projects through contractors, ...
  A: In your case, even the Engineer is an Employer staff, Engineer and Employer are two different ...
EOT clause 44.1.FIDIC 198711/11/2009senthilkumar sellamuthu
  Q: Can you please explain following part of subclause 44.1 (b) any cause of delay referred to in these ...
  A: Naseer, Please find the explanation below, As per Fidic Cl. 44.1 (b) any cause of delay referred ...
FIDIC - Taking Over of Parts of the Works11/10/2009Peter M. Elliott
  Q: In a FIDIC red book 1999 contract with no sectional completions, if the Employer proposed to start ...
  A: I think that this situation is covered more by clause 4.6 Co-operation than clause 10.2. Of course ...
Issue of Payment Certificates Clause 14.6 FIDIC 199911/10/2009Peter M. Elliott
  Q: I work for a Main Contractor in the UAE using FIDIC Conditions of Contract for Construction 1999 ...
  A: 1. Clause 1.3 is appropriate. The Engineer is obligated to send you a copy of his certificate. If ...
recovery of consultant fees from Contractor11/10/2009Peter M. Elliott
  Q: I'm on a road project in the middle east, form of Contract is similar to ICE5th. Late information ...
  A: I have never worked with ICE 5th, but here are some general thoughts. I shall answer both ...
Suspension of Works11/9/2009John Dowse
  Q: I’m the consultant QS for a developer and we have a project in UAE the works is going to suspend for ...
  A: If the Contractor can mitigate the costs of the suspension then it is likely that it is under an ...
Prolongation11/9/2009John Dowse
  Q: this is contract with Fidic 87. 1. Amount of work have not been increased 2. EOT has been granted ...
  A: The extension of the Time for Completion is likely to take the testing works (and, possibly, other ...
Variation clause 51.1 fidic-198711/8/2009liaqat hayat
  Q: Can you please explain last part of clause 51.1 Provided that where the issue of an instruction to ...
  A: The explaination ,to my mind, is that six specified scenerios in clause 51.1 entitle the contractor ...
what is fidic11/8/2009liaqat hayat
  Q: sir what is fidic? Is this so important that one get job on its basis in gulf? Where can I learn ...
  A: My apologies for not explaining the short terms I used.It is with respect to facilities in Pakistan ...
OH&P on omissions11/8/2009John Dowse
  Q: I have considered that the recovery of ‘lost’ head office overheads (and possibly profit) on omitted ...
  A: Brian, Do you have available to you a copy of the book "Keating on Construction Contracts"? ...
Duplicated items11/7/2009Peter M. Elliott
  Q: first of all , we have a lump sum contract signed with the main contractor , after that the Engineer ...
  A: Based on the information presented and, to answer your question, not really true at all. I don't ...
Rates for VO11/7/2009Peter M. Elliott
  Q: Due to the suspension (8 months)the project was prolonged. On top of that there are many instruction ...
  A: You do not mention the form of contract nor the applicable law, so the following comments are ...
Case law on Suspension and Termination of Works by Contractor11/6/2009Shan Greer
  Q: Is there a case regarding suspension and termination of works by COntractor in the absence of such ...
  A: The position with respect to suspension and termiation differs where there is no express provision ...
Suspension of Works11/6/2009senthilkumar sellamuthu
  Q: Assuming no contract provision for suspension of works by Contractor, can the latter suspend works? ...
  A: Ray, You refer to FIDIC Sub-Clause 8.11 which enables the Contractor to give notice to treat a ...
Delayed Payment of Advance Payment11/6/2009Peter M. Elliott
  Q: Mr Peter. The contractor has two portions of advance payment. But the advance payment guarantee of ...
  A: I don't understand why you cannot read the protocol, which is a free download in pdf format. You ...
Site Instruction11/6/2009Florin NICULESCU
  Q: We did a job for a company and the Site Foreman gave us a few site instructions to do some ...
  A: 1. Yes that may well be the case, if the Contractor is late, or is not doing some things right, such ...
Delayed Payment of Advance Payment11/4/2009Peter M. Elliott
  Q: Mr Peter. The contractor has two portions of advance payment. But the advance payment guarantee of ...
  A: I think that the Employer was more than generous. Have a look at the delay and disruption protocol ...
Non-performance by plumber11/4/2009Shan Greer
  Q: Without a written contract, I paid a plumber/electrician to complete the plumbing/electrical work ...
  A: Glad I can help. Don't feel too badly, even I have fallen victim to this. The general public tend ...
Variation11/4/2009Alina Valentina Oprea
  Q: we have a lumpsum contract on our site.we have an item of interlock pavours 60mm thick in our BOQ. ...
  A: Being a lump sum contract, the Contractor is to be paid the lump sum for the quantities in the ...
Variation11/4/2009Nasir Gilani Syed
  Q: WE HAVE A LUMPSUM CONTRACT ON OUR SITE. IN OUR BOQ THE QUANTITY OF INTERLOCK TILES UNDER 2 DIFFERENT ...
  A: What I understood from your Question is that You have 2 different types/ colour/ finish of tiles ...
FIDIC & Tender11/4/2009Daniel Kazado
  Q: Do submissions during tender submital later count as contractual obligation? Contractor, during ...
  A: Any document which is not signed by parties or referred as an attached document during contract sign ...
EoT Already Awarded11/4/2009Peter M. Elliott
  Q: I have a case where a Contractor submitted a detailed claim for EoT (under FIDIC 87 Clause 44.1). He ...
  A: It is a basic tenet of contract law that the time for completion, or extended time for completion ...
claim11/3/2009Florin NICULESCU
  Q: I have to deal with a contractor claim after the Engineer&Employer refuse to approve a variation ...
  A: For providing a fully fledged answer, I would need a fairly large amount of information, but will do ...

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Questions by
Active Experts:
Shan GreerJohn Dowsesenthilkumar sellamuthu
Nasir Gilani SyedAlina Valentina OpreaDaniel Kazado
Florin NICULESCUliaqat hayatPeter M. Elliott
   

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