Construction Law/Temporary Works

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Question
Dear ;
i would like to askyou what does Temporary Works Means ? and cranes (tower or mobile) part of temporaary work if we considered their function( lifting and loading) ?

Answer
Dear Mohammad,
The Temporary Works are defined, in the Sub-clause 1.1.5.7 of the General Conditions of FIDIC 1999 Contract, as "all temporary works of every kind (other than Contractor's Equipment) required on Site for the execution and completion of the Permanent Works and the remedying of any defects". These can be temporary  by passes, to be used up to a bridge is constructed or rehabilitated, scaffolding, etc.
The Contractor's Equipment is defined in the Sub-clause 1.1.5.1 of the General Conditions of FIDIC 1999 Contract as being "all apparatus, machinery, vehicles and other things required for the execution and completion of the Works and the remedying of any defects. However, Contractor's Equipment excludes Temporary Works, Employer's Equipment (if any), Plant, Materials and any other things intended to form or forming part of the Permanent Works".
Therefore, the cranes are to be considered as Contractor's Equipment.
Hope it helps.
Best regards,
Alina

Construction Law

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Alina Valentina Oprea

Expertise

I can answer to questions regarding FIDIC 1999 contracts, including practical use of these conditions of contract, as well as to questions regarding dispute boards, both from theoretical and practical point of view. I cannot answer to questions related to other kind of contracts or to procurement process, except to some (limited) extent.

Experience

Implementation of works contracts (FIDIC 1999) financed by different financial institutions, including European Union; claims and disputes; dispute boards See more on www.alinaoprea.com

Organizations
Dispute Resolution Board Foundation

Publications
see http://alinaoprea.com/publications/ ; DRBF Forum Newsletter; Drumuri si Poduri; Revista Constructiilor; SIDiR Newsletter

Education/Credentials
Graduated the University of Civil Engineering Bucharest, Faculty of Railways, Roads and Bridges (1985-1990); Trained under Mr. Gwyn Owen’s pupilage program for arbitrators/adjudicators under FIDIC mentoring program (2006 – 2007)

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