Construction Law/bypass my authority


I am contacting you to inquire about an issue related to bypassing my office authority who works as a monitoring and supervision office for the implementation of a building project by the contractor in many cases such as :
-   The contractor refuse receive any letter from my office since 7 months until now .
-   The contractor refuse to give my office any Daily or Monthly Report since 7 months until now .
-   The contractor shall his works without let my office to look about it .
-   The contractor refuse to respond to any requests from supervisor .
-   The contractor bypass my office authority .
The owner’s office asking the contractor to contact with my office but the contractor refuse to respond about that .
I would like to inquire about the action that we should follow considering FIDIC 1999 statements and regulations?
“ I think that the Contractor doing that  in order to hide the truth and notice the others that the reason for the delay in the project is my office “
Best Regards

Dear Shadi,

I am not sure that I can answer your question effectively without a lot more information.

A difficult, but not unusual situation.  If you are responsible for certifying payment, then the solution is easy - do not issue any payment certificates without the necessary inspections and tests.  Of course this action could create more stress between the parties.  There are very few sanctions in FIDIC 99, if the Contractor does not fulfil his obligations except to terminate the Contract.  If you propose this action, you may find that your contract is terminated!  You need to tread carefully.  

There are several rather hard questions to consider.  Why is the Contractor behaving like this?  What have you done to lose his respect so that he ignores you?  You will say 'nothing', but I will say 'look at the situation'.  What happened 7 months ago?  Was that the start of the contract or later?  Why have you allowed the situation to continue?  Should someone else be appointed to be supervisor?  Perhaps you can give me more details.

When I have found myself in a similar situation, which was rare, I have tried to correct the situation.  Where I could not correct the situation, I resigned within a couple of months and found another assignment.  Alternatively, I got the RE changed if I was working as a contractor.  This type of situation is not conducive to a successful contract.  

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Peter M. Elliott


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 before submitting a question.


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')

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

B Sc(Hons) in Civil Engineering

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