Construction Law/Notice of Claims
with reference to FIDIC red book (1987 republished in 1992) 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 have been submitted to the Engineer in prescribed time)?
In the light of 53.1 contractor should submit the notice of claim within 28 days after the event giving rise to the claim has first arisen. In case of delayed payment by employer, is it compulsory for contractor to submit notice of claim within 28 days after the expiry of time specified in clause 60.10?
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?
My very brief response will be
1.The client should have forwarded the same to Engineer in this case for comment before taking any action.If not done,still Engineer can consider it at its discretion after its reference is received from employer side even now
2 Delayed payments of certified bills is not a dispute and hence action under cl.53 cannot be taken.
3. As per 2 above