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Construction Law/Termination of Consultants Contract

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Question
Hello Femi,

The original contract for the Post-Contract Consultancy was 18 months & due to EOT were extended to additional 6months, With this duration Client decided to terminate the contract and no extention was granted (Consultant not performing their contractual obligations & not paying their people of their salaries for 4 months now))even the project will finish April 2014. My qeries are:
- What are the procedure? IS this a termination of contract for not renewing it(Extended COntract will due on Dec 2013)?
- Can the COntractor directly report to the CLient? IS there any contract implications on this?

Thank you again.

Answer
Dear Reggie,

Thanks for your question.

From your question, i could understand that there are two contract. One between the Client and the Contractor which was granted EoT and the other between the Client and the Supervision Consultants. Your question (as i understood it) bothers on the Client terminating the supervision consultant's services after the original contract period and within the extension of time. My answer is that, Client may terminate the supervision consultant's services notwithstanding whether the Construction contract is granted EoT or not since both contracts would have their respective terms and conditions which obviously may not be the same.

If the supervision consultants services is terminated, the client can arrange alternative method of supervising the works and may do that by himself, his agents or other third party.

Hope this helps?

Femi

Construction Law

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Femi Alofe

Expertise

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

Experience

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.

Organizations
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

Publications
1. AACEI RP on Estimating, 2010

Education/Credentials
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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