Construction Law/Notice of Claims

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Question
Dear Sir,
with reference to FIDIC red book clause 53.1, in case the Contractor submits notice of claims to employer without informing Engineer(as per contract should have been submitted to the Engineer),  would the notice of claim be considered valid (as per 53.2 Engineer shall inspect the contemporary record, which in this case would not be possible as the notice neither claim has been submitted to the Engineer in prescribed time)?
In case of delayed payments by employer, shall the contractor be  still bound to submit claim with supporting documents within 28 days of submission of first notice?

Answer
Dear Sohail,

Essentially the claims should be submitted to the Engineer, unless noted otherwise in the Contract. However I would require further details on CoC in order to reply your query. Is the claim in question pertains to delayed payments or other heads as well?  

Construction Law

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Manish Gupta

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Calgary Project Consultants, Jacobs International, Turner International, J Ray McDermott Inc. Hindustan Construction Company

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