Construction Law/your oppinion


"My manager has asked me to deal with a task in relation to tendering and estimating in a way that I am uncomfortable with. Carrying the task in this way seems wrong to me and I believe the approach being suggested by manager may even be illegal in some of the jurisdiction in which we do business. I have been thinking about speaking to a senior manager in another department for advice, but Iím not sure if I should. I feel as though I should tell someone who can look in to this, but Iím afraid that my line manager will make my job difficult for me and possibly take me off the contract if they find out Iíve spoken to someone else.
What should I do?"

Dear Hana

Thanks for the question. I would have felt happier if I would have received a technical question. However I can only advise you the way I would have responded.

I understand that you are on a very junior position in the institution you are working. Sometimes it happens that very junior people do not understand the intricacies of the assignment and jump on conclusions which is not correct. I understand that this may not be the case with you and that you must have investigated thoroughly that what you are being asked to do is neither ethically nor morally correct. Having satisfied yourself on this aspect, I would suggest that either you refuse to do the job or do it the way you think it is right.You may do the assignment the way your manager suggests only to compare the results and you may find that there is hardly any difference in the outcome. If this is the case then find out where you went wrong and if the result is altogether different and you are convinced that your way of working was correct, then submit whatever you think is correct. Please do not get exited and try to remain calm and cool. Your colleagues may instigate you against your managers but never lose your cool.

Doing this exercise will need extra hard work but it is worth it. This will increase your confidence and will give you moral strength to deal with such situation. Please note that you will find all kinds of people in this world. If doing an assignment in the correct way cost you dearly, then you should remember that Almighty God is the greatest and He may find for you some better opportunity.

I hope this answers your question.

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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