Construction Law/Fidic 1999


Dear sir
Could you please answer me these two questions 1-What does this sentence mean (either until or whilst this work is completed and these defects are remedied) mentioned in sub-paragraph (a) of clause 10.1 [Taking over of the Works and Sections](Fidic 1999)? does it mean that it should be considered that the date  on which the works were completed in accordance with the contract is that date on which all minor outstanding works and all the minor defects are being remedied?
2-What does this sentence mean (except to the extent that the Contractor would have been entitled to payment for the work) mentioned in the last sub-paragraph of clause 7.6 [Remedial work]? does it mean that the Employer shall not be entitled to employ and pay other person to carry out the engineer instruction and reimburse the cost back from the contactor in case that the Contractor would have been entitled to payment for the instructed work?
Thanks in advance

Dear Mohammad
My understanding of the first point is as follows: The employer should issue the TOC either with the snags under completion or  or after such snags are completed. in all cases, if he accept to take over , such certificate should be issued within 28 days of receiving the notice.
My understanding of the second point is as follows:
the contractor should pay pack any expenses taken by the employer to execute the stated instructions of sec. 7.6 noting that this does not have any effect on the normal payments from the employer to the contractor.

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Wael Ghadban


Will respond to queries related to Engineering Contracts subject to FIDIC or other Conditions, tendering and contracting, project management, residential and commercial construction, and general Civil Engineering questions. Can answer most questions related to aviation and airports as related to the Airports, Facility management.


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MS Civil Engineering

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