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Construction Law/access to project site


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
(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 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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