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Construction Law/Nominated Subcontract Agreement


We are using FIDIC EPC Contract (yellow book).

The Client/Engineer instructed us to sign a nominated subcontract agreement with a contractor selected by the Client. The date for completion of this nominated subcontract is 15 days longer than the date for completion of our contract (the main contract).

Is it legal/valid for us to sign this nominated subcontract with a construction period that we do not hold? Is this not against the basic principal of law that we cannot award to others the time that we do not possess?

Dear Wong,

Thank you for your question.

I do not know the law in Mauritius, probably it is not illegal to hire someone in conditions that are not the best for you. Reckon it is not illegal to act foolishly, if that's what you want.

But under the EPC Contract, you are not obliged to hire a nominated sub-contractor against whom you have reasonable objections.

Moreover, the terms of the sub-contracting agreement can not be imposed on you, but must be negotiated between you and that sub-contractor.

Hope that answer your question.

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Questions related to Civil Engineering Contracts, using FIDIC or other Conditions of Contract, concerning Procurement procedures and documents (pre-qualification, tendering and contracting) and Services/ Works Contracts implementation matters including Determinations, Payments, Time Extensions, VOs, Claims/Disputes. Additionally, questions related to dealing with International Financing Institutions. Can also answer questions in Romanian. Can not answer improperly formulated questions.


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Member of Romanian Professional Association of Roads and Bridges; Listed on President's List of Adjudicators of Romanian Association of Consulting Engineers Former member of the Disputes Resolution Board Foundation (DRBF) of United States – nominee on DRBF President’s Disputes Board Members List and of DRBF Chapter for Eastern Europe Former member of Polish Association of Consulting Engineers (SIDiR) – nominee on SIDiR President’s Disputes Board Members National List Member of “” volunteers pool Member of the "Constructions Disputes Resolution Services” International Panel of Construction ADR Specialists" of United States

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