Construction Law/Sub-clause 3.5

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Question
Hello Alina,

Under Sub-Clause 3.5 the Engineer has the obligation to issue a determination if the parties don't reach an amicable settlement.
Can the Engineer issue more than one determination on the same claim?

Thanks a lot in advance

Ionut

Answer
Hi, Ionut,
The contractual mechanism requests that for 1 claim the Claimant submits details, and, within the "reach an agreement" phase of the 3.5, the Parties put their reasons so that an agreement is reached. If no agreement, the Engineer will issue his determination 3.5 on that claim, and here the mission of the Engineer ends on that claim. Therefore, 1 claim, 1 determination.
Hope it is clear and of help.
Best regards,
Alina

Construction Law

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Alina Valentina Oprea

Expertise

I can answer to questions regarding FIDIC 1999 contracts, including practical use of these conditions of contract, as well as to questions regarding dispute boards, both from theoretical and practical point of view. I cannot answer to questions related to other kind of contracts or to procurement process, except to some (limited) extent.

Experience

Implementation of works contracts (FIDIC 1999) financed by different financial institutions, including European Union; claims and disputes; dispute boards See more on www.alinaoprea.com

Organizations
Dispute Resolution Board Foundation

Publications
see http://alinaoprea.com/publications/ ; DRBF Forum Newsletter; Drumuri si Poduri; Revista Constructiilor; SIDiR Newsletter

Education/Credentials
Graduated the University of Civil Engineering Bucharest, Faculty of Railways, Roads and Bridges (1985-1990); Trained under Mr. Gwyn Owen’s pupilage program for arbitrators/adjudicators under FIDIC mentoring program (2006 – 2007)

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