AboutPeter M. Elliott 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')
Expert: Peter M. Elliott Date: 7/30/2008 Subject: variation order form
Question Dear Mr.Elliott,
My question is whether the engineer using FIDIC red book 1999 is obliged to send the variation order form and payment certificate form for approval by the project manager and if so can the PM change this forms?
Answer Hi Radoslav,
This questions relates to the contract between the Engineer and the Employer, not to FIDIC 99 RED BOOK.
If the Engineer is required by his contract to get approval before using the variation form and the IPC form, then he must do so. In any event, it would be advisable for the Engineer to seek prior approval of the Employer, to avoid problems in future, before issuing such important forms. Also to listen to any advice from the employer regarding his requirements for IPC's and VO's.
I do not know the powers and responsibilities of the PM, so I cannot say if he has the power to change it or not, but I suppose that the Employer has delegated certain powers to him.
I hope that the above answers your query. If not, please send a follow up with specific details.
