Construction Law/Landslides


Dear Liaqat:
I work for a contractor on a road work contract using FIDIC IV.
We encountered land slides at few locations which we removed and claimed payment as item 106 or 108 (NHA Specs). We use these specs, All documents refer to these. clause 100.8 clearly ask us to bill such works as we did, ie surplus or unsuitable or in embankment. The Engineer, however, decided to use another rate in CSR used for rehandling, a much lower rate. Is he justified to do so? The BOQ has no provision for rehandling item and instructs us to use NHA specs.
Hidayatullah Khan

Dear sir,
thanks for the question.This will be my initial approach on the issue
The spec 106 means both excavation as well as disposal of unsuitable material as Engineer instructs.For disposal only,the engineer has to use another suitable boq item in schedule.
Regards-liaqat hayat

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Liaqat Hayat


I can answer questions based on FIDIC 4 and FIDIC 1999 [design-build] with particular reference to time extension , price adjustment and disputes. I am in particular more inclined for response to points pertaining to how claims should be framed and put up in case of technical or other contractual shortcomings. Regarding procurement matters I have spent over 5 years as procurement specialist for highway authority and dealt with numerous claims and disputes in the capacity of "The Engineer" .

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