Construction Law/access to project site
we are construction a road in a hilly area right almost on top of mountain.for this purpose we are making access from existing road to project site.this access roads entails huge quantities but employer is reluctant to pay these quantities.can these quantities be paid in accordance with42.1 or can the engineer of the project give decision on the subject matter in favor of contractor, please advice , fidic 1987 Possession of Site and Access Thereto
(d) Such access as, in accordance with the Contract, is to be provided by the Employer as may be required to enable the Contractor to commence and proceed with the execution of the Works in accordance with the programme referred to in Clause 14, if any, and otherwise in accordance with such reasonable proposals as the Contractor shall, by notice to the Engineer with a copy to the Employer, make. The Employer will, from time to time as the Works proceed, give to the Contractor possession of such further portions of the Site as may be required to enable the Contractor to proceed with the execution of the Works with dispatch in accordance with such programme or proposals, as the case may be.
Dear Mr Masood
I am afraid my answer will be negative.
First of all, in Form of Tender, it is accepted that the Contractor have examined the Site conditions, drawings, documents, etc. It is the obligation of the Contractor to examine the site and related conditions before making his priced bid, including levelling the site, camp area, providing access to various parts of the site, etc. Providing access to various parts of the Project is a method related task and generally only permanent access to the site provided by the Employer only if the Contract stipulates.
The Employer is bound to provide access to your side by expropriation, etc. If the provision of such access by making roads, etc is not indicated in Bill of Quantities, then it is accepted that it is included in the rates of the Contractor. If special or additional facilities are required in order to enable contractor to execute a variation instructed by the Engineer, then the Contractor may be reimbursed for costs incurred which he could not allowed for it in his tender. Also, if there are obstructions not foreseeable by contractor, you can claim it according to clause 12.2 through a notice.