Construction Law/CONTRACT DOCUMENT

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Question
We commenced work on a government road in Botswana in 2009, we did not receive the official contract documents until September 2012; in other words we worked on the strength of the Letter of Acceptance, which clearly states that we work according to FIDIC 1987. The worst part is that we did receive the bound contract documents during 2011, but were told to send them back to the consultants, as the then director of roads had signed in the wrong place. We did as requested, but then received this document in September 2012 with numerous pages added to it that were not there when we received it in 2011! Thanks for your help in advance. Sue

Answer
Dear Suzanne,

If there is a difference between the Tender Documents and the bound contract, then you can claim reimbursement for any extra costs and an EoT, if appropriate.  You have to study the differences and work out any extra  costs.  Remember the clock is ticking and you have limited time to submit your notification and details.  

Construction Law

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Peter M. Elliott

Expertise

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 www.eotprotocol.com before submitting a question.

Experience

Value . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest bidder, it's well to add something for the risk you run.
And if you do that, you will have enough to pay for something better.
. . . John Ruskin (1819 - 1900)
"We are too poor to buy something cheap"
.Romanian Proverb 2002
A lean compromise is better than a fat lawsuit. George Herbert (English poet 1593-1633)
I said it in Hebrew, I said it in Dutch,
I said it in German and Greek:
But I wholly forgot (and it vexes me much)
That English is what you speak!" Hunting of the Snark - Lewis Caroll
Match your presentation to the reader!
The joy of food lasts but an hour, of sleep but a day, of a woman, but a month, but the joy of a building lasts a lifetime. Syrian proverb.
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')

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

Education/Credentials
B Sc(Hons) in Civil Engineering

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