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Construction Law/Taking over the works


Dir Sir , I want to ask After The employer use the project after the engineer has issued a taking over certificate for this project , Shown that throw the maintenance period the contractor supply and apply materials not being in accordance with the contract .
What are the measures that need to be taken from the owner according to fidic 1999/red book
Your answer :
The Engineer instructs the Contractor to remove the non-compliant material and to replace it with compliant material.  If the Contractor is unable or unwilling to comply with this instruction, then the Employer can award a contract to another Contractor for the remedial works, and withdraw sufficient funds. but no more, from the Retention and the Performance Security to cover the cost of the work.
Follow QUESTION: thanks about your answer but can the engineer instructs the contractor to remove the non compliant material and to replace it , after the engineer has issued a taking over certificate for this project ,????

Dear Muhannad,

If the material is non-compliant, then the Engineer can instruct its removal and replacement until the Performance Certificate is issued, even if the Taking Over certificate has been issued.  Of course, the Engineer must be sure that the material is non-compliant and the Employer may wish to know why it was not discovered earlier.  

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Peter M. Elliott


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 before submitting a question.


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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')

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

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