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Construction Law/Nominated Subcontractor.


Dear Sir ,

We are Client representative/the Engineer and we have nominated three Subcontractors as per Clause 5 ,FIDIC 1999. However, during the execution the Contractor started sending us a notice of Claim for the delay of the Nominated Subcontractor whereby our answer was that in accordance to Clause 5 the nominated Subcontractor will be considered and Subcontractor whereby the Contractor shall be responsible for his acts. Despite our reply , the Contractor submit interim extension of time claim for 90 days because of the delay in nominated Subcontractor. In my opinion,since the coordination and management of site construction are done by Contractor ,the Engineer is not liable for the delay and the Contract has been made between the Contractor and Nominated Subcontractor not with the Client.

My question : is the Client liable for such delay. or simply just matter should be finalized by Contractor and nominated Subcontractor whereby the Engineer will apply liquidity Damages and the Contractor ,in case the delay in by Nominated not else reasons , can apply back to back the liquidity damages to his subcontractor as per their Contract agreement.

Dear Mr. Osama,

Thanks for your Questions.The failure of the nominated Subcontractor to fulfill his obligations will make the Contractor responsible in front of the Employer, unless there are the necessary provisions in the subcontract.

In case of such a provisions are included in the subcontract, the nominated Subcontractor will be responsible, in front of the Employer and Engineer, for his failures.

So, the Contractor is responsible for the actions of his Subcontractor, according to Sub-clause 4.4, unless he is relief from these, by the provisions of the Subcontract.

Please verify and Check their delay items carefully and act accordingly or resolve case by case.

Thanks and regards,

Senthil Kumar

Construction Law

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Senthil Kumar Sellamuthu


I gained very good working and practicing knowledge in FIDIC 87 reprinted 92,99, Sub-contract 1994, Civil code of the State of the United Arab Emirates, Qatar Petroleum Contracts and Qatar Public Works Dept. Contracts. I will be answer Pre / Post tender Contractual Analysis, Cost and Time Analysis, Delay / Risk Analysis, Conditions of Contract related Issues to lies within the above mentioned type of contracts forms. I Can not answer other than Gulf Construction Laws / Contractual issues.


I have 16+ years working experience with Contracts, Consultancy & Project Management encompassing Estimation & Costing, Quantity Surveying, Project Monitoring & Execution, Techno-Commercial Operations, Cost Control, Site Administration and Relationship Management. Expertise in Commercial & Contractual matters, Quantity Surveying, Valuations, Variations, Budget & Cost Control and Project Claims, Final accounts, Contract administration and Material management.

1. IQSA - UAE 2. AACEI - USA 3. RICS - UAE 4. DSE - UAE 5. QSi Member - UK 5. Profile in - [ Edit ]

1. Civil Engineering Professional 2. QSi Membership 3. AACEI - Certified Cost Engineer Membership 4. MRICS Professional (On going) 5. MBA (Operation Management) - On going

Awards and Honors
1. Associate Membership from AMIE - Calcutta - India 2. Certified Cost Engineer from AACEI - USA 3. Membership from QS International - UK

Past/Present Clients
1. Al Jaber Engineering - Qatar 2. Morganti Project Management INC - UAE 3. Dar Al Handasah Consultant - UAE 4. Al Shafar General Contracting - UAE 5. ETA - ASCON - UAE 6. C.T.R. & Co., - India

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