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Construction Law/Engineers & ER Responsibilities


Hello FEmi,

This is in connection to my queries pertaining the termination of COnsultants contract, my question is if there is any implication in the contract if the decision pertained to Clause 51 Power of Engineer to Fix Rates. In this scenario it is clearly the Engineers decision, if the Engineers was terminated can a CLient do this function ? if yes is there any procedure that i need to to do? I want to gather concrete information of all the disadvantages and other repercussions in terminating the contract and to avoid possible dispute in this kind of decisions since consultant is not performing his contractual obligations inspite of warnings (the contract will end this dec 2013 & no extension).

Again thank you very much.

Dear Reggie,

Yes, Engineer has power to fix rates where both parties could not agree at the rates. It is also good to know that, even though the Engineer has power to fix rates, that does not mean that, whatever rates he fixes are final, should the contractor be dissatisfied with the rates, it can go to dispute and the contractor nay choose to follow the dispute resolution procedure to challenge the Engineer's decision.

Now, if the client terminates the consultants for any reason and  the consultants I  named as the Engineer, then, the client can take up the role of the Engineer or appoint another person. You should note that in many situation, the consultants are usually Engineer's representative and not "the Engineer" but most people misconceived this a lot. You need to check the  contract and see who is the named Engineer.

Hope this is okay

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Femi Alofe


I can answer all questions relating to the followings: 1. Contract Administration - variations, contract clauses interpretation, all post contract procedures, valuations and certificates questions, extension of time issues and prolongation cost matters. 2. Contract Practice - Any questions regarding forms of contract like JCT, FIDIC & other Bespoke forms. 3. Quantification, measurements and Estimating questions 4. Contracts and construction law questions and dispute resolutions problems. 5. All FIDIC Conditions of contracts


Out of my 24 years experience in construction industry, i have the following specific experience: 1. Contract Administration - 15 years in contract administration with over 10yrs in Managerial positions covering africa and the middleeast. 2. Contract Practice - 15 years experience with over 10yrs in Managerial and expert positions covering africa, north america and the middleeast. 3. All pre-contract procedures, Tendering, Quantification, measurements and Estimating questions - 20 years experience. 4. Contracts and construction law questions and dispute resolutions problems - 15 years experience with over 10yrs in Managerial and expert positions and 5 years expert witness and active practice in arbitration proceedings covering africa and the middleeast.

1. FAIQS - Fellow, Australian Institute of Quantity Surveyors, Australia 2. FRICS - Fellow, Royal Institution of Chartered Surveyors, UK 3. CCP - Certified Cost Professional AACEI, USA 4. PQS - CIQS, CANADA 5. ACIArb. - CIArb, UK 6. MNIQS - NIQS, NIGERIA 7. RQS - QSRBN, NIGERIA

1. AACEI RP on Estimating, 2010

1. B.Tech (QS) 2. RICS professional course, CEM - UK 3. MSc , UK NARIC 4. Professional Doctorate ( to commence 2016)

Past/Present Clients
1. Larsen & Toubro Ltd, Dubai UAE 2. Larsen & Toubro (oman) LLC 3. Archi + Web consortium, Abuja Nigeria 4. George Dike & Associates, Minna Nigeria 5. Public works Authority (Ashghal), Doha Qatar

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