Construction Law/FIDIC 1987
We are a main contractor in Dubai, and I have three questions in FIDIC 1987 4th Edition (general conditions without changes except for filling parts)
1- Regarding clause 58.1 (Provisional Sum), who is responsible for getting quotations /prices for these items (Engineer, contractor or the employer)?
2- Regarding clause 14.1 (programme to be submitted), the site progress status is ahead of the programme and the siteís progress has been stopped because of failure by the engineer as per clauses 6.3 & 6.4, physically I have stopped in the site, but these delays didnít impact on the programme because I were ahead of the programme (i.e. ahead on the critical path 25 days and stopped for 20 days), Iím Entitled for extension of time as per clause 44?
3- Regarding nominated subcontractors (clause 59.1), I want them to submit performance security same as me (clause 10.1), but couldnít find any clause regarding that!
Thanks for your help
Following are my comments
1- The Engineer is responsible to get the quotations, but in most of the practice, the contractor is the one who gets it and the Engineer verifies it.
2-You cant be entitled for extension of time except if: a- you are delayed and b- the delay is caused but others. In your case, (a) is didn't happen.
3- you've the right to offer the nominated subcontractors the same conditions you have including the performance bond.