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Construction Law/PINK BOOK FIDIC 2010

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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.

Answer
Dear Imran,
Thank you for your question.
A cursory review of cl. 14.5 reveal that it states "if the list referred to  in sub-paragraphs (b)(i) or (c)(i) below are not included in the contract data, this sub-clause shall not apply." It means if particular conditions states that both these referred clauses are deleted, then this subclause shall not apply. The word "shall" clearly indicate the priority given to this consideration and as such secured advance is not applicable under this clause unless subsequently amended through an amendment or reviewed in letter of award. Is this your question?
Regards,
Liaqat Hayat

Construction Law

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Liaqat Hayat

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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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