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Construction Law/dealy in site inpections at site by the Engineer

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Question
Dear sir, I am facing some times delay by the Engineer for my site inspections submitted for one or two days delay which is affecting my works at site; can you please tell me what FIDIC says in this situation as I want to send a letter to consultant.

Many thanks in advance.

Answer
Dear Taha,

Thank you for this question.

For the present time I will presume that you are working under the FIDIC 1999 "Red Book" form of contract.

If you refer to sub-clause 1.3 you will find that approvals and such like are not to be withheld unreasonably. The first issue is, therefore, to consider whether the time being taken for inspection is reasonable, or unreasonable. The Engineer does not have to consider your interests in making his decision, however if it is that that time being taken id delaying you and the Engineer is not flexible in his working methods, I suggest that you issue a notice under sub-clause 20.1 indicating that you intend to seek compensation for the delays. Subsequently you should provide details in support of your claim.

Further I suggest that you issue a modified programme, pursuant to clause 8, identifying the effect on the completion date of the delays you are claiming.

The particular FIDIC form of contract does not provide expressly for this type of event so reliance has to be made upon the common law position that an Employer (or his servants or agents) should not prevent the Contractor from proceeding with progressing the works.



I hope that this assists you.

Kind regards,
John Dowse

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John Dowse

Expertise

Legal; contract interpretation; quantum; delay analysis. Practitioner in arbitration, adjudication and mediation.

Experience

Thirty-three (33) years experience in building and construction, at all levels both within contracting and consulting organisations. Practising arbitrator, adjudicator, and mediator. Faculty approved trainer for the Chartered Institute of Arbitrators. Lecturer on construction contract forms and dispute resolution practices.

Organizations
Chartered Institution of Civil Engineering Surveyors Chartered Institute of Arbitrators Institute of Directors Society of Construction Arbitrators

Publications
Various UK and International construction and legal publications.

Education/Credentials
LLB (Hons), Pg Dip (Legal Practice), MCInstCES MCIArb MIOD Barrister

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