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Construction Law/Monthly Report and Suspension

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Question
A Contractor executing works under an MDB FIDIC Contract in Serbia is under suspension, in accordance with Sub-Clause 16.1, for non-payment of IPCs by the Employer.

My question relates to the Contractor's obligation to submit Monthly Reports in accordance with Sub-Clause 4.21. Is this obligation carried out when the Contractor has fully suspended the works?

Thank you very much in advance.

Answer
Dear Nikolaos,

It might be an obligation, but it would be a foolhardy client or engineer that tried to enforce it when the contract is suspended. I suggest that you concentrate on getting the Employer to fulfil his obligations rather than hitting on the Contractor.  Of course, the Contractor might be generous enough to submit a one page report stating that the Works are suspended due to breach by the Employer, which would be an embarrassment for all.

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Peter M. Elliott

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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 www.eotprotocol.com before submitting a question.

Experience

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')

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

Education/Credentials
B Sc(Hons) in Civil Engineering

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