| Subject | Date Asked | Expert |
|
| New BOQ after deduction of Works | 11/19/2009 | Peter 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, ...
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| New BOQ after deduction of Works | 11/19/2009 | liaqat 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 ...
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| New Contract Amount after deduction of Works | 11/19/2009 | Shan 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 ...
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| Difect Liability | 11/19/2009 | Alina 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 ...
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| Increase of performance guarantee | 11/19/2009 | Peter 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 ...
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| Preliminaries and general | 11/18/2009 | Nasir 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 ...
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| Direct Payment To Nominated Subcontractor | 11/18/2009 | Shan 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 ...
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| "Contract Coart Case Desision " & "Settlement of Disputes and Arbitration" | 11/18/2009 | Florin 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 ...
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| Variation of Lump Sum Items in BOQ | 11/17/2009 | Nasir 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 ...
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| Claims - Coral Found During Excavation | 11/17/2009 | Peter 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 ...
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| Termination by Employer | 11/17/2009 | John 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 ...
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| engineers decision | 11/14/2009 | liaqat 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 ...
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| Design Revision FIDIC 1999 Yellow Book | 11/13/2009 | Alina 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. ...
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| EOT - adjustments | 11/13/2009 | liaqat 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 ...
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| construction law | 11/12/2009 | liaqat 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 ...
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| construction law | 11/12/2009 | Shan 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, ...
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| Clause 53.1 | 11/11/2009 | liaqat 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 ...
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| Role of Engineer and Employer | 11/11/2009 | Daniel 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 ...
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| EOT clause 44.1.FIDIC 1987 | 11/11/2009 | senthilkumar 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 ...
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| FIDIC - Taking Over of Parts of the Works | 11/10/2009 | Peter 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 ...
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| Issue of Payment Certificates Clause 14.6 FIDIC 1999 | 11/10/2009 | Peter 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 ...
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| recovery of consultant fees from Contractor | 11/10/2009 | Peter 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 ...
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| Suspension of Works | 11/9/2009 | John 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 ...
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| Prolongation | 11/9/2009 | John 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 ...
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| Variation clause 51.1 fidic-1987 | 11/8/2009 | liaqat 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 ...
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| what is fidic | 11/8/2009 | liaqat 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 ...
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| OH&P on omissions | 11/8/2009 | John 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"? ...
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| Duplicated items | 11/7/2009 | Peter 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 ...
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| Rates for VO | 11/7/2009 | Peter 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 ...
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| Case law on Suspension and Termination of Works by Contractor | 11/6/2009 | Shan 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 ...
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| Suspension of Works | 11/6/2009 | senthilkumar 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 ...
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| Delayed Payment of Advance Payment | 11/6/2009 | Peter 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 ...
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| Site Instruction | 11/6/2009 | Florin 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 ...
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| Delayed Payment of Advance Payment | 11/4/2009 | Peter 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 ...
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| Non-performance by plumber | 11/4/2009 | Shan 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 ...
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| Variation | 11/4/2009 | Alina 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 ...
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| Variation | 11/4/2009 | Nasir 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 ...
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| FIDIC & Tender | 11/4/2009 | Daniel 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 ...
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| EoT Already Awarded | 11/4/2009 | Peter 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 ...
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| claim | 11/3/2009 | Florin 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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