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Construction Law/Fidic 1987-clause 53.5


Can the sub-clause 53.5 be applied to a situation, independent of sub-clauses 53.1 to 53.3 provisions  with 53.4 having been deleted in PCC, with reference to a an amount which the contractor feels entitled to under clause 60.1(e) but have not kept record of notices etc.? I feel the contractor can but need a second opinion and shall be obliged for your input.(To me,sub.clause 53.5 appears to assist the contractor in retrieving the situation arisen due to having no record of notices etc.)

Dear Liaqat Sb

Hope you are ok. Sub Clause 53.5 is still applicable even when Sub clause 53.4 is deleted. This sub clause does not speak about the notices but it speaks about the record which is the basis for such claim of the contractor. He has to convince the Engineer about his claim based on this record and the Engineer, after consultation with the Employer and the Contractor will determine the amount to be added to monthly statement under Sub Clause 60.1.

I hope the question is answered.


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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