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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-Hope you will be Ok and anxiously waiting for the reply.

Since In Particular conditions,it has been mentioned that 14.5(b)1 and 14.5(c)1 are not applicable,it means lists mentioned in schedule of payment shall not apply.In such scenario, there will be no advance on plants and material(secured advance).Although  purpose of this sub-clause 14.5 is to minimize the Contractor's financing costs but it will not applicable if it is specified:
1)in particular conditions as has been mentioned in the case of your documents or
2)if contract include payments to be paid in installments(refer sub-clause 14.4(b).

Sub-clause 13.8 pertains to Interim payment certificates and includes such advance on plants and materials under item (e),if there is provision for that(i.e if, 14.5(b)1and 14.5(c)1 has not rendered  as in applicable in particular conditions.

It is further clarified that this is my personal interpretation of the clause whereas I have also seen cases with the same conditions as of your documents but secured advance are being paid.Further detail if required in support of my opinion may be obtained by writing  to my e-mail(mahmoodarshad27@gmail.com)directly.  

Regards

Engr Arshad Mahmood  

Construction Law

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Arshad Mahmood

Expertise

I may answer to the questions relating to FIDIC 4th as well as FIDIC 2010 MDB Harmonized version,price adjustment ,Variations,Eot and Cost claims,EPC Contract,Bidding Document,consultancy Contracts,certification,Standard Forms, Dispute resolution; and others pertaining to Contract implementation.

Experience

Contract management and Contract Administration, using FIDIC Conditions of 4th Addition as well as Fidic 1999 Red, Yellow and Silver Books including MDB Harmonized Edition 2010. Particularly in the area of Procurement of Contracts, Certification,Price Adjustment, variations,disputes management, EoT and Cost Claims; and other contractual issues arises from time to time during currecy of the Contracts.

Organizations
Member -Pakistan Engineering Council Member -Pakistan Engineering Congress Member -FIDIC Organisation

Publications
Joint Venture and Consortium Agreements for Pakistan Engineering Council,Pakistan

Education/Credentials
BSc Civil Engineering; Basic Management course; Hydro power Projects; and various other on Job Trainings

Awards and Honors
Commendation Certificate for the excellent management qualities and dedication at Ghazi Barotha Hydropower Project; and Certificate of Excellent work performed during Survey Camp.

Past/Present Clients
Water and Power Development Authority (WAPDA),Associate Consulting Engineer(ACE) and National Engineering services Pakistan(Pvt.) Limited (NESPAK)

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