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Construction Law/vop-source of indices

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Question
Dear Sir
I ma working in Uganda as supervision consultant for a road project.
I am Resident Engineer
our contractor quoted in price adjustment table fuel-local and he attached one of indices where he mentioned fuel-should be suabi arabia price and given base index 111.
but he is procuring fuel for local.
after certification of 22 IPC. he want to claim fuel as local
what would be engineers  interpretation
if possible quote classes
thanks
bala

Answer
Dear Bala Krishna Rao,

Thank you for this question.

The facts you have provided are very limited and more would be needed to make an accurate, reliable response; however I offer an initial opinion.

If the contract called for price indices to be stated and the contractor selected the indices, my opinion is that the contractor carried the risk of any future change in or inadequacy of the chosen indices.

However, if there has been a change in local legislation affecting the price of fuel locally, the Contractor may be entitled to some further compensation. This aspect is something that I would be happy to hear more about.


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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