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Construction Law/Deductions.
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Question
Hi,
We are into a Railway Project governed by FIDIC Red bbok 1987.My question is:
Can any deductions by the employer be claimed from the retention money espically after performance guarantee has been released and the deductions are being enforced after 6 months from the start of DLP period.
The employer is making deductions for works executed by him in 2008-2009 right now whereas we have been regurarly taking monthly payments till 2011.
Pl. advise whether these deductions are applicabale after so much delay and whether they can be deducted from retention money.
Thanks,
Prashant
Dear Mr. Prashant,
Thanks for your Questions. Check with your contracts, if its applicable for the Retention money deductible from your monthly payment or not.
Check with your ongoing documents, if, the final statement submitted or not. The final statement are not submitted means the deductions or applicable.
Otherwise, you are processing the "Application for Payment of the First Part of the Retention Money" means refer clause 48 and clause 60 to notify the Engineer.
Thanks and regards,
Senthil Kumar
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Answers by Expert:
Senthil Kumar Sellamuthu
Expertise
I gained very good working and practicing knowledge in FIDIC 87 reprinted 92,99, Sub-contract 1994, Civil code of the State of the United Arab Emirates, Qatar Petroleum Contracts and Qatar Public Works Dept. Contracts. I will be answer Pre / Post tender Contractual Analysis, Cost and Time Analysis, Delay / Risk Analysis, Conditions of Contract related Issues to lies within the above mentioned type of contracts forms. I Can not answer other than Gulf Construction Laws / Contractual issues.
Experience
I have 15+ years working experience with Contracts, Consultancy & Project Management encompassing Estimation & Costing, Quantity Surveying, Project Monitoring & Execution, Techno-Commercial Operations, Cost Control, Site Administration and Relationship Management.
Expertise in Commercial & Contractual matters, Quantity Surveying, Valuations, Variations, Budget & Cost Control and Project Claims, Final accounts, Contract administration and Material management.
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1. IQSA - UAE
2. AACEI - USA
3. RICS - UAE
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5. QSi Member - UK
5. Profile in linkedin.com - http://www.linkedin.com/pub/senthil-kumar/4/6b9/700 [ Edit ]
Education/Credentials
1. Civil Engineering Professional
2. QSi Membership
3. AACEI - Certified Cost Engineer Membership
4. MRICS Professional (On going)
5. MBA (Operation Management) - On going
Awards and Honors
1. Associate Membership from AMIE - Calcutta - India
2. Certified Cost Engineer from AACEI - USA
3. Membership from QS International - UK
Past/Present Clients
1. Al Jaber Engineering - Qatar
2. Morganti Project Management INC - UAE
3. Dar Al Handasah Consultant - UAE
4. Al Shafar General Contracting - UAE
5. ETA - ASCON - UAE
6. C.T.R. & Co., - India
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