Construction Law/FIDIC


Dear Mr. Majid, I am working with Engineering & Management Services, Islamabad. My job is to deal the contracts under FIDIC and looking the matters such price adjustment, liquidated damages, extension of time, breach of contract etc. etc.

I am facing difficult to understand if the Contractor start the work on site without mobilization advance, whereas the provision of mobilization advance exist in the contract. After 1 year or 2 during the execution of project, Contractor can request for mobilization advance or not?

Dear Ahmer
Thanks for the question. Sorry for the delayed response and the inconvenience as there was problem with my emails and I was not receiving certain mails in the past. however i am sorry for that. Coming to your question,there is no such provision in FIDIC IV 1992 being used in Pakistan. Provision for Mob. Advance exists under Sub Clause 60.11 in 'Particular Conditions' formulated by Pakistan Engineering Council. I will suggest to you to read carefully the contents of Sub Clause 60.11. Under this Sub Clause 60.11 two types of assistance are discussed, i) Secured Advance on Materials and ii) Financial Assistance to Contractor. Then under the 'Financial Assistance' further three alternatives have been mentioned. At the end of the third option it is written " Employer may opt either "Secured Advance on Materials" OR " Financial Assistance to Contractor"

Explaining the above, the Contractor is entitled either to "Secured Advance on Materials" OR " Financial Assistance to Contractor" and I understand that he is already getting Secured advance meaning that he will not receive any Mob. advance.

This is the position strictly speaking about the provision in the PEC document of June 11, 2007, being the current applicable document. If the provisions in your project is different, then please let me know in sufficient detail to enable me to comment.

Abdul Majid Khan  

Construction Law

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Abdul Majid Khan


I am interested in questions related to time Extension, Liquidated Damages,variations, price adjustments,payments, disputes and Dispute Board under FIDIC IV, FIDIC 1999 and FIDIC 2006 Harmonized Documents.


I have been heading the Construction Management Division and Contract Divisions of National Engineering Services Pakistan (PVT) Limited, NESPAK, the largest Consulting Engineering Firm in Pakistan, for more than seven years and two years respectively. I have also worked as "The Engineer" on a number of projects. I have been working in Saudi Arabia for about seven years on a road projects. Additionally I worked as Arbitrator and am member of few Dispute Boards in individual capacity on Asian Development Bank funded projects.

Inland and in Middle East. I have worked with National Engineering Services Pakistan (Pvt) Limited (NESPAK)as my Employer for more than 27 years in Pakistan. In Saudi Arabia I worked for Rashid Engineering, Consulting Engineers during 80s. After retirement I provided advisory services to NESPAK on technical and contractual matters to its various divisions and lately I was appointed as Advisor to Managing Director NESPAK on Technical and Contractual matters. Currently I work as Free Lance Contract Specialist on Fidic Form of Contracts.

I am a graduate with a B.E (Civil Engineering) degree. My year of graduation is 1970.

Awards and Honors
A few appreciation Letters and Honorariums during my service in NESPAK. I remained member of Administrative Committee and Board of Management of NESPAK. I had been part of the Management Committee in the absence of Managing Director.

Past/Present Clients
Most of the Clients used to be Government Departments, Corporations and Authorities. In Saudi Arabia the Client was Ministry of Communications. As Arbitrator and Dispute Board (DB) member, I provide services to various Government Departments and Contractors.

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