AboutFlorin NICULESCU Expertise Question related to Civil Engineering Contracts, using FIDIC or other Conditions of Contract, concerning Procurement procedures and documents (pre-qualification, tendering and contracting) and Services/ Works Contracts implementation matters including Determinations, Payments, Time Extensions, VOs, Claims/Disputes. Additionally, questions related to dealing with International Financing Institutions.
Can also answer questions in Romanian.
Can not answer improperly formulated questions.
Experience Some 15 years of experience in the field of design, works supervision, construction, management of aid funds and technical assistance for various types of contracts implementation, including severe conflictual contractual situations leading to Claims and disputes.
Organizations -1.
Fellow of Romanian Professional Association of Roads and Bridges;
Fellow of Romanian Inter-Ministerial Council for Road Safety
Fellow of the Disputes Resolution Board Foundation (DRBF) of United States – nominee on DRBF President’s Disputes Board Members List www.drb.org and of DRBF Chapter for Eastern Europe http://dabdrb.googlepages.com
Currently supporting establishment of Global Road Safety Partnership Romania
Fellow of Polish Association of Consulting Engineers (SIDiR) – nominee on SIDiR President’s Disputes Board Members National List http://www.sidir.pl/sidir/index.php?action=czlonkowie&a2=r
Member of “AllExperts.com” volunteers pool http://www.allexperts.com/user.cgi?m=4&expID=85358&catID=914
Member of the "Constructions Disputes Resolution Services” International Panel of Construction ADR Specialists" of United States www.constructiondisputes-cdrs.com
Education/Credentials - Graduate in 1994 the Construction Institute
- Graduate of several FIDIC,Procurement and other courses
- Graduate of first Disputes Board Members Mentoring Scheme (http://www1.fidic.org/resources/adjudicators/pupilage.html)
Past/Present Clients - Several State organisations/Ministries , such as Ministry of Transport, National Admistration of Roads, Ministry of Development, Public Works and Housing, Central Contracting and Financing Unit in Romania and also in Turkey and Croatia
- Numerous Western based private consultancy companies
Question We did a job for a company and the Site Foreman gave us a few site instructions to do some variations. After we put the claim they didn't want to pay because they said that was our own work. They affirmed that a Site Instruction is not only for extras/variations, it can be used to push the subcontractors to finish their work (note: the S/I didn't have a date by when the job is to be finished).
1. Is this true?
2. Can you give me a definition for "Site Instruction"?
Answer Dear Petru,
Thank you for your question.
1. Yes that may well be the case, if the Contractor is late, or is not doing some things right, such a Site Instruction can be issued.
Now, if the subject of that SI, is outside the original scope of the Contract, i.e. requires additional works, then indeed, you are entitled to more time and money.
2. That means any instruction given by the entitled person/entity to the Contractor, in relation with the Site/ Works.
