Construction Law/Temporary works

Advertisement


Question
Hello Daniel,

FIDIC 1999 Red book.

We had edited Clause 15.2 in the Particular conditions to allow, in the event of termination, that the Contractor's equipment and Temporary works be used in addition to Goods, Documents, etc...

As far as I am aware form-work is considered Temporary works. Our QS had however included a priced Bill of quantities for form-work and some payment was already certified for this, which means that, at least in part, the Client owns this.

Since termination is in effect the Client is adamant that we use the form-work. Our QS is saying no to this since the Contractor is being paid for the use of the form-work and not the form-work itself.

Very confusing.

Any thoughts?

Richard

Answer
Dear Richard,

You are right it is slightly confusing. First we have to check the description of form-work in the BOQ if it describe only installation or both installation and material itself. I do believe that there would not be a clear describtion there.

The other way is to check from the unit price. You may get price from 2-3 supplier and check the BOQ price to clearly show what the price is for.

The question here is to find if the form-work is a material belong to contractor and they only use it at site like a tower crane or it is a material like temproray fence that belongs to part of temproray works.

My opinion is this form-work is a tool for the permanent installation only and the same done for any handtool shall be applied.

Hope these may helped you some.

Regards

Daniel

Construction Law

All Answers


Answers by Expert:


Ask Experts

Volunteer


Daniel Kazado

Expertise

I can answer questions related with FIDIC contracts.

Experience

10 years as Contract Manager for FIDIC contracts.

Education/Credentials
Mechanical Engineer
Contract Management - Basic Principles Certificate. Construction Contracts and Dispute Resolution Certificate. Contract Administration - FIDIC Certificate.

©2016 About.com. All rights reserved.