Construction Law/FIDIC Cl 14.10

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Question
QUESTION: As per the Fidic clause 14.10 Statement at completion contractor should submit Statement at Completion within 84 days after receiving Taking over certificate. But contractor not submit that dates. what is the contractual situation for that matter. Engineer still bound this condition ( cl 14.10). please I need answer.

ANSWER: Dear Sisira
The contractor has to do the required works first and then submit the notification of completion of such work. Should he fail to do that, the Employer can appoint another contractor to do the same and deduct the cost from the original contractor. Such action shall follow proper notification and the Employer has to be very carful for the warranties obligation.
Cheers

---------- FOLLOW-UP ----------

QUESTION: Actually, Now Contractor take over work and Engineer issued taking over Certificate. But contractor delay submit his Statement at Completion with in 84 days. Your answer not for this. Please tell me what is the engineer action.

Answer
dear  Sisira
Excuse me for the previous answer.
The FIDIC does not force the contractor to submit His statement at Completion with in the allowed time. It seem strange that the contractor does not do so since this statement should include all the money remaining to his including the 1/2 the retention money.
If I was the Engineer, I will send the contractor a note to do the same promptly.
Cheers  

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Wael Ghadban

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Will respond to queries related to Engineering Contracts subject to FIDIC or other Conditions, tendering and contracting, project management, residential and commercial construction, and general Civil Engineering questions. Can answer most questions related to aviation and airports as related to the Airports, Facility management.

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