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Construction Law/Change of utilities network direction or location under FIDIC Contracts first edtion 1999

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Question
Under FIDIC-99, is the change of location of items( pipes or building units inside the same project site) considered as modification to tender drawing even if the quantities and specifications still the same?
is it the same for lumpsum contracts ?
Is the Contractor claim for a variation justifiable ?

Answer
Dear Khalid,

Anything, which is a modification from the tender drawings, is a variation and is to be dealt with under clause 13 (and clause 12 if applicable).

It is the same for lump sum contracts without clause 12.

The Contractor can claim for reimbursement of extra costs or for an Extension of Time (see SCL Protocol on Delay and Disruption www.eotprotocol.com ) but he must justify that he has extra costs and has been delayed in accordance with clause 20.1.

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Peter M. Elliott

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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 www.eotprotocol.com before submitting a question.

Experience

Value . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest bidder, it's well to add something for the risk you run.
And if you do that, you will have enough to pay for something better.
. . . John Ruskin (1819 - 1900)
"We are too poor to buy something cheap"
.Romanian Proverb 2002
A lean compromise is better than a fat lawsuit. George Herbert (English poet 1593-1633)
I said it in Hebrew, I said it in Dutch,
I said it in German and Greek:
But I wholly forgot (and it vexes me much)
That English is what you speak!" Hunting of the Snark - Lewis Caroll
Match your presentation to the reader!
The joy of food lasts but an hour, of sleep but a day, of a woman, but a month, but the joy of a building lasts a lifetime. Syrian proverb.
Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')

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

Education/Credentials
B Sc(Hons) in Civil Engineering

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