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Construction Law/Addendum to Red Book Fidic 1999 Contract


In a FIDIC Red Book 1999 construction contract, with tender and award in 2011, also starting works in 2012, there are 5 objects to be executed. One of the objects, an access road with Commencement Date in may 2013, has received a new design, of course different from that offered Design with different value.
Works being larger quantities, new items against offer with new prices, leading to a value higher than the road tender and for ongoing contract.
Contract Addendum may be accomplish, or what is the procedure, so that the Client to have his desired road (established by adapting to a new land location), and the contractor to receive the money for his work done?

Dear Nedelia,

Thank you for your question.

Firstly, Variation procedure under Clause 13 should apply and if Employer requires that, an Addendum can be concluded too.

But make sure no works are executed prior concluding all formal papers.

Hope that answers the 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.


Over 20 years of experience in the field of design, works supervision, construction, management of aid funds and technical assistance for various types of contracts implementation, including severe conflictual contractual situations leading to Claims and disputes. Claims/ Contract management, Disputes adjudication, Arbitration.

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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