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Construction Law/access to project site

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Question
we are constructing 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
42.1
(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.

Answer
Dear Masood,


Thank you for your question.

You did not mention, but assume you're using the '87 Red FIDIC Book. But I am away from my office for the next month and do not have with me any of these older editions.

If I am correct in my assumption, then you should be paid as per re-measured quantities, i.e. exactly for as much as you worked.

Access to site has nothing to do with payment of executed quantities, but only says the Contractor must be granted access to the places where the Works are to be executed, in time, for Contractor to be able to proceed as per his Work Programme.

Please thus go back to the Contract, to the Payment Clause (evaluation Sub-Clause# and see exactly what it provides for.

In case my assumption is not correct and you're using a different book, please similarly look at the Payment related Clause and see what they provide for.

And eventually, if still in need, please get back to me with quoting the exact text of respective Sub-Clause(s).

Hope that helps

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Florin NICULESCU

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Questions related to Civil Engineering Contracts, using FIDIC or other Conditions of Contract, concerning Procurement procedures and documents (pre-qualification, tendering and contracting) and Services/ Works Contracts implementation matters including Determinations, Payments, Time Extensions, VOs, Claims/Disputes. Additionally, questions related to dealing with International Financing Institutions. Can also answer questions in Romanian. Can not answer improperly formulated questions.

Experience

Over 20 years of experience in the field of design, works supervision, construction, management of aid funds and technical assistance for various types of contracts implementation, including severe conflictual contractual situations leading to Claims and disputes. Claims/ Contract management, Disputes adjudication, Arbitration.

Organizations
Member of Romanian Professional Association of Roads and Bridges; Listed on President's List of Adjudicators of Romanian Association of Consulting Engineers www.aric.org Former member of the Disputes Resolution Board Foundation (DRBF) of United States – nominee on DRBF President’s Disputes Board Members List www.drb.org and of DRBF Chapter for Eastern Europe http://dabdrb.googlepages.com Former member of Polish Association of Consulting Engineers (SIDiR) – nominee on SIDiR President’s Disputes Board Members National List http://www.sidir.pl/sidir/index.php?action=czlonkowie&a2=r Member of “AllExperts.com” volunteers pool http://www.allexperts.com/user.cgi?m=4&expID=85358&catID=914 Member of the "Constructions Disputes Resolution Services” International Panel of Construction ADR Specialists" of United States www.constructiondisputes-cdrs.com

Education/Credentials
- Graduate in 1994 the Construction Institute - Graduate of several FIDIC,Procurement and other courses - Graduate of first Disputes Board Members Mentoring Scheme (http://www1.fidic.org/resources/adjudicators/pupilage.html) - FIDIC Accredited Adjudicator

Past/Present Clients
- Several State organisations/Ministries , such as Ministry of Transport, National Admistration of Roads, Ministry of Regional Development (former Ministry of European Integration), Public Works and Housing, Central Contracting and Financing Unit in Romania and also in Turkey, Croatia and Macedonia - Numerous Western based private consultancy companies - full CV and other relevant information available at www.abinitio.ro

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