Construction Law/FIDIC Clauses

Advertisement


Question
Hi,

I am a project manager working in a consultant company in Dubai.
I have sent a notice to the contractor regarding delay , the content of the notice is correct including delay events and all other information but at the end i referred to wrong FIDIC clause, my question is  Does referring to wrong FIDIC clause will effect on the validity of the notice?

Thanks

Answer
Dear Tamer,

I don't think it may not affect the validity of the notice. This is because, the event was notified and made known to all, therefore, the purpose of the notice is served. Furthermore, other subsequent correspondence / meetings the events should have been highlighted and mentioned of the relevant clauses.

Especially, in the courts, it is difficult to defend the argument of wrong clause quote. However; under the detail particulars, proper clause must be referred for EOT and cost compensation entitlements.

Best Regards

Construction Law

All Answers


Answers by Expert:


Ask Experts

Volunteer


Akhtar Hussain Mayo

Expertise

I am interested to comment on Project planning/scheduling, schedule updating, extension of time delay analysis, concurrent delays, extension of time, extension of time delay compensation cost analysis, up to some extent on contractual matters, for the sake of my learning

Experience

worked on a Eot and cost compensation claim in 1992 for 34 million USD, 1987-1992 worked as RE technical at Tarbela third extension, Pakistan, 1992-1996 scheduling and construction claim processing at Lahore/Karachi on Thermal projects, 1197 to 2006 in Saudi Arabia project scheduling/coordination/monitoring and managing the multiple activities for completing four 300 beds hospitals in different parts of the world, since 2006 to date working for scheduling, delay analysis, cost compensation Eot claims and project monitoring. Also, Quality manuals review, monitoring and quality audit

Organizations
National Engineering Services of Pakistan, Lahore, since 1982 - to date.

Publications
published my method in "The Engineer" Delay cost analysis through as-planned verses as-built and as-adjusted time schedule. 1991

Education/Credentials
1976-81 Bsc Engineering (Mechanical), UET (Lahore) 2007-2009 MS TQM (Total Quality Management) PU (Lahore) courses in CPM/PERT PIM Lahore Project planning/Control work shop ARAMCO, Dahran Primavera users conference in Jeddah. Heat recovery systems quality inspection in China 220 Kv transmission line tower manufacturing quality assurance at Lahore

Awards and Honors
- Best service award from Saudi German Hospitals Group (SGH), Jeddah during the construction planning/scheduling and monitoring of Abha Hospital, Saudi Arabia. - Selected as Steering Committee member for SGH Group, Jeddah. - Selected as Strategic Committee for business development, SGH, Jeddah. - Headed the committee for standardized recrutment of medical staff from different parts of the world for initial start-Up of hospitals.

Past/Present Clients
Water and Power Development Authority KaracHi Electric Supply Corporation Saudi German Hospitals Group,Jeddah Civil Aviation Authority, Islamabad, Pakistan Laraib Energy Limited, Mir Pur Azad-Kashmir, Pakistan Central Power Generation company processing the Eot Claims and cost compensation of claims CPGCL-GENCO-II, Lahore

©2016 About.com. All rights reserved.