Construction Law/Fees

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Question
Dear Sir,

We are the Consultant on a project who executed a contract under FIDIC 1987 4th Edition.  Our Design and Supervision Fees in the consultancy agreement is based on a percentage of the final construction cost.  The project went into delays and the Employer continued to pay our equal monthly fee based on the initial project tender cost.  Now that the project is over at a higher cost than it started can we claim for adjustment in our fees even though the Employer continued to pay our normal fees during the EOT?  If yes, how do we calculate it?  

Regards,

Answer
Dear Gassan
Since the project is over now,then you must be able to calculate the final total Contract Price. As you have mentioned, your fees are based on a percentage of the final construction cost, then you should be able to figure our the balance between what your received and what is your total fees. the remainder should be paid to you or to the owner if your pay was in access of the agreement.
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Construction Law

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Wael Ghadban

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Will respond to queries related to Engineering Contracts subject to FIDIC or other Conditions, tendering and contracting, project management, residential and commercial construction, and general Civil Engineering questions. Can answer most questions related to aviation and airports as related to the Airports, Facility management.

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Project construction and Management Civil Aviation - Airports Airport Pavement Design and Use Residential and commercial construction ICAO and FAA regulation

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MS Civil Engineering

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