Construction Law/PINK BOOK FIDIC 2010
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.
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?