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Construction Law/Temporary Storage space


Dear, Mr. Elliot,

Good day! Our Contract is based For Building and Engineering Works designed by the Employer -FIDIC 1999.

The specifications states that - Suitable temporary stores, sheds and offices, shall be erected in such a positions the engineer may direct, and these shall be removed on completion of the works. All stores buildings shall be adequate for the protection of the stores or materials to be kept therein and shall be constructed accordingly and as the engineer may direct. Approved materials may be stockpiled at such locations and in such amounts as the Engineer may direct.
Item in the BOQ- Temporary Storage
1. Allow for providing temporary stores, sheds and offices as directed by the Engineer and as described in the specification.
quantity -1 ;    unit - item ; amount - 3,000,000

2. Allow for providing temporary way finding/directional signs,barriers,etc as described in the specifications.
Unit -item; amount - included.

the Contractor submitted the details and plans for temporary stotage and the Engineer approved as noted with safety comments only such as provide exhaust fans, proper arrangement.

After two weeks, the Engineer send a letter stating that the covered area is 1,000 sq. meter is inadequate according to site requirements and requires the Contractor to provide 20,000 sq. meters storage  as a complete storage facility. And further states that the contractor is overpaid and freezing the amount till the Contractor provide the complete facility at site as per Contractula requiements.

In what basis the Engineer states that 20, 000 sq. mtr is required when the specifications and BOQ does not states the area reuired. Further more the progress to date is almost 70%. And the deliveries of materilas should be scheduled as need arises since most are locally purchased.

Is there a breach of Contract by the Engineer for withholding the payments.

Thanks and Regards,


Dear Raul,

My apologise for the delayed response.  I'm travelling a lot on rough roads with intermittent power supply and even worse for the internet connection.  I should have marked myself as on vacation and not kept you waiting.  

You do not seem to have good relationships with your engineer.  But then some engineers do not know how to behave.  It is not breach of contract, just bad manners and greed.  

You signed a contract with an undefined scope of work.  You could ask him to justify the size of the warehouse, especially as it remains your property at the end of the contract.  Learn the lesson and next time ask the question at tender time. Don't get mad, get even.

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Peter M. Elliott


First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol before submitting a question.


Value . . .
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Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')

Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation

B Sc(Hons) in Civil Engineering

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