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Construction Law/Absence of the contractor's representatives from the site


Dear Sir,

At the moment the Contractor's representative including the Project manager and hs two deputies have left the site and the country where the project is located without prior notifying the Engineer. Can we in this case apply Cl.4.3 (Bank harmonized edition 2005 FIDIC) "If the Contractor’s Representative is to
be temporarily absent from the Site during the execution of the Works, a suitable replacement person shall be appointed, subject to the Engineer’s prior consent,and the Engineer shall be notified accordingly" and what else can we do for such an act? the works are on going and they have not even a[ppointed any replacement person to take in charge of the works.
Thank you.

Dear Mansur,

I counsel caution.  It could be an oversight as many people are preparing for, and going on, annual holidays for religious or year end reasons.  Notification could have been overlooked in the pressure of preparing for departure.  Practically, it is important that there is a nominated person in case of accidents or other problems.  Hopefully, there will be no accidents or problems during their absence.  

Realistically, there is little that you can do contractually unless you wish to terminate the Contract, which I would not recommend.  I suggest that you note their absence in the next progress meeting and explain the practical importance of nominating a replacement during the absence of the Contractor's Representative.  

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Peter M. Elliott


First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol before submitting a question.


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Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation

B Sc(Hons) in Civil Engineering

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