Construction Law/Feasibilty Study

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Question
Can the employer include feasibility study report as part of the contract document and later ask the contractor to carry out modifications while the work is already in progress and the Engineer denies accepting any delay and time impacts due to changes being made to the design?
Our contract is FIDIC 1999 and places responsibility on us as main contractor for coordination and interface issues resolution. The Engineer is taking this plea as an escape to accept our claim on this matter.
Please advise.
Thanks
Abdul Moid

Answer
Dear Abdul,

Thank you for this question.

Please advise which of the several forms of FIDIC 1999 contract applies to your project, as this would make a difference to my answer.



Kind regards,
John Dowse

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Construction Law

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John Dowse

Expertise

Legal; contract interpretation; quantum; delay analysis. Practitioner in arbitration, adjudication and mediation.

Experience

Thirty-three (33) years experience in building and construction, at all levels both within contracting and consulting organisations. Practising arbitrator, adjudicator, and mediator. Faculty approved trainer for the Chartered Institute of Arbitrators. Lecturer on construction contract forms and dispute resolution practices.

Organizations
Chartered Institution of Civil Engineering Surveyors Chartered Institute of Arbitrators Institute of Directors Society of Construction Arbitrators

Publications
Various UK and International construction and legal publications.

Education/Credentials
LLB (Hons), Pg Dip (Legal Practice), MCInstCES MCIArb MIOD Barrister

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