Construction Law/Access routes

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Question
Dear Sir,
We need you advise on the following:

The Contractor is claiming additional money for maintenance (because he says the road is in bad condition) of access roads for carrying materials from quarries and requests a variation order. However we as Supevision Consultant, engineer, rejected this claim referring to FIDIC 2005 Sub-Clause 4.15 Access route (a)
(a) the Contractor shall (as between parties) be responsible for any maintenance which may be required for his access routes.

Q: Is the contractor entitiled to additional compensation in this case?
Thank you.

Answer
Hi Murod
Does the Contractor have exclusive use of the haul roads?
If yes then the words "his access routes" means that he must maintain them.
If no then the Contractor has a case because he would not be responsible for reparing damage caused by another third party using the access route.
The key words here are (as between the parties) which excludes any third party.
Best regards
Mike Testro

Construction Law

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Mike Testro

Expertise

Anything related to extensions of time and delay analysis.

Experience

45 years in the Construction Industry 15 Years as a consultant delay analyst - I now hold myself to be expert in this field.

Organizations
Society of Construction Law Adjudication Society ex Planning Engineers Organisation

Publications
6 articles on the relevance of the India Contract Act 1872 and its relevance to modern construction in India. Waiting Publication

Education/Credentials
Associate Member of the Institue of Building

Past/Present Clients
Currently employed in India by Punj Lloyd as expert delay analyst. Engaged in ongoing arbitrations and EoT claims. Prior an Indepenent consultant in delay analysis.

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