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Question
am the engineer in the contract. the contractor is submitting his final payment application for 6 times  since 2010. my justification in not approving his final payment is due to the many many mistakes in his submitted application (quantities, rates,....etc). does my action right or should i do the corrections my self .please advise.thanks
eng.mamoun

Answer
The Sub-clause 14.11 from FIDIC 1999 says that the Contractor is to issue the Final Statement. If the Engineer, though, needs clarifications or see errors, he is to ask information from the Contractor and, then agree together with the Contractor, then the Contractor shall issue the Final Statement. Then,the Engineer is to issue the Final Payment Certificate accordingly.
If there could be no agreement, the Engineer shall issue an Interim Payment Certificate for the agreed part, then the disputed part is to be dealt as a dispute and settled according to 20.4 [Obtaining the DAB decision] and 20.5 [Amicable Settlement].
My advice would be to try to have an agreement with the Contractor, in a stated period of time, given the long time already passed, on as much as possible from the statement, and that part to be issued as the Final Statement by the Contractor. Then you, the Engineer, should issue the IPC accordingly. The dispute on the not agreed part of the Contractor's submission to be referred, after, to the DAB for its decision, and, if the decision will be not accepted by the Contractor and Employer, to be agreed according to 20.5, as mentioned above.
Hope this will help.
Best regards,
Alina

Construction Law

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Alina Valentina Oprea

Expertise

I can answer to questions regarding FIDIC 1999 contracts, including practical use of these conditions of contract, as well as to questions regarding dispute boards, both from theoretical and practical point of view. I cannot answer to questions related to other kind of contracts or to procurement process, except to some (limited) extent.

Experience

Implementation of works contracts (FIDIC 1999) financed by different financial institutions, including European Union; claims and disputes; dispute boards See more on www.alinaoprea.com

Organizations
Dispute Resolution Board Foundation

Publications
see http://alinaoprea.com/publications/ ; DRBF Forum Newsletter; Drumuri si Poduri; Revista Constructiilor; SIDiR Newsletter

Education/Credentials
Graduated the University of Civil Engineering Bucharest, Faculty of Railways, Roads and Bridges (1985-1990); Trained under Mr. Gwyn Owen’s pupilage program for arbitrators/adjudicators under FIDIC mentoring program (2006 – 2007)

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