Construction Law/Material On Site


Dear Sir,

Can Consultant refuse to claim material on site  even stated in the contract as “Material on site shall be subjected to the approval of client representative “ if not  could you please give me points to argue with consultant to Claim  MOS

Dear Farzan,
Thank you for your question.
In case your contract specifically permits secure advance/claim for material reached at site, it may be considered as breach of contract by the owner / consultant if they do not honor the contractor's claim on this account. So you have to be first sure of the provision in the contract. For a breach to exist, one party must be able to prove the existence of a default by the other party and then for a default to exist one party must be able to prove that other party was under a contractual or legal obligation to do or not to do a given act. It do happen that many breach claims relate to progress or IPC payments and secure advance is a part of IPC.
Liaqat Hayat

Construction Law

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Liaqat Hayat


I can answer questions based on FIDIC 4 and FIDIC 1999 [design-build] with particular reference to time extension , price adjustment and disputes. I am in particular more inclined for response to points pertaining to how claims should be framed and put up in case of technical or other contractual shortcomings. Regarding procurement matters I have spent over 5 years as procurement specialist for highway authority and dealt with numerous claims and disputes in the capacity of "The Engineer" .

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