Construction Law/Provisional sum

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Abdul Majid Khan wrote at 2013-07-07 10:25:34
Dear Liaqat Sb. I am Majid Khan and hope that you are in good health. I still remember the time we spent together in NESPAK and it was a pleasure working with you. My opinion is that dispute can only be between the parties to the Contract and they are the Employer and the Contractor. The Engineer can recommend or can give Engineer's Decision to which any party may disagree and opt for a dispute resolution but he can never be a party to a dispute. In the above case, The Employer (Audit) is now disagreeing with the recommendation of the Engineer which he himself approved earlier. The proper course of action would be that the Employer should request for an 'Engineer's Decision' on the Issue and if the Engineer still maintain its earlier stance, the Employer may seek further remedy through DAB or Arbitration as the case may be, but the party to the dispute will be the Contractor and not the Engineer.



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Abdul Majid Khan


Construction Law

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Liaqat Hayat

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I can answer questions based on FIDIC 4 and FIDIC 1999 [design-build] with particular reference to time extension , price adjustment and disputes. I am in particular more inclined for response to points pertaining to how claims should be framed and put up in case of technical or other contractual shortcomings. Regarding procurement matters I have spent over 5 years as procurement specialist for highway authority and dealt with numerous claims and disputes in the capacity of "The Engineer" .

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