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Construction Law/Rate of Progress and Preliminaries


QUESTION: Dear Femi,

In general it is possible to hold payment for preliminaries (time related) if Contractor's progress is very slow or far behind the program.

Thanks & regards


ANSWER: Dear Tharindu,

Thanks for your question.

Yes, it is a common practice though could be justifiable by the Contract depending on the wordings on preliminaries and how it should be paid. In some contract documents, there are such wordings that, the preliminaries would be paid on the project in proportion that is compliant either with the rate of progress or the amount of work done at such time for time-related preliminaries. This means, the Engineer could then, base the time - related payment for certification of preliminaries in proportion to the progress scheduled for such timing and where such progress are behind and without entitlements to EoT, it would then give room for the preliminary adjustment to match with the slow progress accordingly.

Hope this helps you out?


---------- FOLLOW-UP ----------

QUESTION: Thank you Femi your quick and clear answer. If contract document no wording how to pay preliminaries in slow progress then it is possible to certify preliminaries base with rate of progress




Yes, it is possible that you may not find the exact wordings that i described but i am aware that most contract provides for this wording indirectly or impliedly. You may need to comb the full contracts documents for this particularly clauses and contract statements that relates to payments - clause 60 in Fidic ...etc


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Femi Alofe


I can answer all questions relating to the followings: 1. Contract Administration - variations, contract clauses interpretation, all post contract procedures, valuations and certificates questions, extension of time issues and prolongation cost matters. 2. Contract Practice - Any questions regarding forms of contract like JCT, FIDIC & other Bespoke forms. 3. Quantification, measurements and Estimating questions 4. Contracts and construction law questions and dispute resolutions problems. 5. All FIDIC Conditions of contracts


Out of my 24 years experience in construction industry, i have the following specific experience: 1. Contract Administration - 15 years in contract administration with over 10yrs in Managerial positions covering africa and the middleeast. 2. Contract Practice - 15 years experience with over 10yrs in Managerial and expert positions covering africa, north america and the middleeast. 3. All pre-contract procedures, Tendering, Quantification, measurements and Estimating questions - 20 years experience. 4. Contracts and construction law questions and dispute resolutions problems - 15 years experience with over 10yrs in Managerial and expert positions and 5 years expert witness and active practice in arbitration proceedings covering africa and the middleeast.

1. FAIQS - Fellow, Australian Institute of Quantity Surveyors, Australia 2. FRICS - Fellow, Royal Institution of Chartered Surveyors, UK 3. CCP - Certified Cost Professional AACEI, USA 4. PQS - CIQS, CANADA 5. ACIArb. - CIArb, UK 6. MNIQS - NIQS, NIGERIA 7. RQS - QSRBN, NIGERIA

1. AACEI RP on Estimating, 2010

1. B.Tech (QS) 2. RICS professional course, CEM - UK 3. MSc , UK NARIC 4. Professional Doctorate ( to commence 2016)

Past/Present Clients
1. Larsen & Toubro Ltd, Dubai UAE 2. Larsen & Toubro (oman) LLC 3. Archi + Web consortium, Abuja Nigeria 4. George Dike & Associates, Minna Nigeria 5. Public works Authority (Ashghal), Doha Qatar

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