Construction Law/69.1

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Question
we have contract with the employer fidic 1987, a road project,iitially employer agreed to pay the work done for access road but now employer is reluctant to pay as all the road has been comleted. could we serve a notice under clause 69.4 or 69.1 b,for slow progress to agitate the matter.

Answer
Hi Masoud
Was the agreement to pay for the access road in writing?
Normally temporary works such as access or haul roads are included in the contract price.
You would therefore have to prove that this access road was a variation to the contract - hence the requirement to be in writing.
Making spurious claims under non related clauses will not advance the matter.
Best regards
Mike Testro

Construction Law

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Mike Testro

Expertise

Anything related to extensions of time and delay analysis.

Experience

45 years in the Construction Industry 15 Years as a consultant delay analyst - I now hold myself to be expert in this field.

Organizations
Society of Construction Law Adjudication Society ex Planning Engineers Organisation

Publications
6 articles on the relevance of the India Contract Act 1872 and its relevance to modern construction in India. Waiting Publication

Education/Credentials
Associate Member of the Institue of Building

Past/Present Clients
Currently employed in India by Punj Lloyd as expert delay analyst. Engaged in ongoing arbitrations and EoT claims. Prior an Indepenent consultant in delay analysis.

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