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Construction Law/PINK BOOK FIDIC 2010

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Question
PINK BOOK FIDIC 2010

AOA SIR HOW ARE YOU


KINDLY CLARIFY THE ISSUE IN COC CLAUSE 14.5 IS RELATED TO SECURED ADVANCE AND CLAUSE 14.3 (E) ALSO REFER THIS CLAUE AND CLAUSE 14.4 (B) STATED NOT APPILCABLE

IN OUR PARTICULAR CONTRACT PART A 14.5 (B )(I) AND 14.5 (I) IS NOT APPLICALE NOT THE ENTIRE CLAUSE .

KINDLY CLARFIY THAT IF NOT ENTIRE CLAUSE IS NOT APPLICABLE THEN CAN WE GIVE SECURED  ADVANCE OR NOT.OF
AND ALSO CLARIFY IN LIGHT  OF CLAUSE 13.8 ALSO  AND SCHEDULES FOR PAYMENT.

Answer
Dear Imran

Thanks for a new question. Deleting 14.5 b (i) and c (i) means that the secured advance is not limited to plants and materials listed in the Schedules for payment and therefore allows secured advance on any plant or materials brought to the site and intended to be used in the permanent works. provided always that this must satisfy other conditions which have not been deleted in Particular Conditions.

I hope the question is answered.

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Abdul Majid Khan

Construction Law

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Abdul Majid Khan

Expertise

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.

Experience

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.

Organizations
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.

Education/Credentials
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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