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Construction Law/Contractor to bear travel costs
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Question
QUESTION: Hello Florin,
Where is it usually stated in contracts where the Contractor is responsible for the cost of the Engineer or Consultant to travel to the Contractors suppliers factories etc for factory visits and the like?
Thanks
Marc
ANSWER: Dear Marc,
Thank you for your question, glad to hear again from you.
Right now I am in hurry to the office, so can not search for you, but please check in the part related to tests, factory tests, etc. There should be mentioned something like "bear costs for all tests", or likewise.
If that search does not help, please come back to me, indicating which FIDIC are you using, and will try to help, though I am currently abroad and don't have the books with me.
Good luck!
---------- FOLLOW-UP ----------
QUESTION: It is ahybrid version of FIDIC 1987.
Under subclause 36.3 of my contract it states "the cost of making any inspection or any test whether in or out of the state of Qatar including travel costs thereto shall be bourne by the Contractor".
So, there is provision but it is very vague. Is there usually somewhere else that specifies how many people, business class flights etc exactly should be paid for by the Contractor?
Dear Marc,
Thank you for coming back.
I am in the office, if needed, I can try searching more during the evening, but since you have that provision, you must comply with.
Now how less expensive you manage to make it, that's a different story. I believe that as long as you provide decent transport and accommodation, you have fulfilled your duties and no one can impose business class and 7 stars hotels. Sure enough, FIDIC does not provide anything like that, it only states that costs are to be borne by the Contractor.
Hope that helps, please let me know by this evening if further search needed.
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Answers by Expert:
Florin 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
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