Construction Law/clarity

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Question
dear Alina
using FIDIC 99 yellow book, the Engineer has issued an addendum which is not clear but it could be explained and interpolated in different meaning. Is the contractor correct in refusing to execute the extra works included in the addendum based on ( why the engineer was not very clear on his requirement )
Please advise
thanks

Answer
Hi, Wael,
If by "addendum" you really mean an addendum to the Contract, signed by both Parties, then the Contractor cannot refuse to execute it, since he agreed on it when signing it. The Contractor can ask clarifications on the issues within the addendum and after can try to demonstrate that a reasonable meaning should be considered.
If you refer to an instruction or a Variation (not agreed and signed in either way by the Contractor), the Contractor can ask clarifications, and, if the Contractor cannot execute the instruction or variation, the Engineer can vary the variation or instruction, as per the Sub-Clause 13.1.
Hope ir helps.
Best regards,
Alina

Construction Law

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Alina Valentina Oprea

Expertise

I can answer to questions regarding FIDIC 1999 contracts, including practical use of these conditions of contract, as well as to questions regarding dispute boards, both from theoretical and practical point of view. I cannot answer to questions related to other kind of contracts or to procurement process, except to some (limited) extent.

Experience

Implementation of works contracts (FIDIC 1999) financed by different financial institutions, including European Union; claims and disputes; dispute boards See more on www.alinaoprea.com

Organizations
Dispute Resolution Board Foundation

Publications
see http://alinaoprea.com/publications/ ; DRBF Forum Newsletter; Drumuri si Poduri; Revista Constructiilor; SIDiR Newsletter

Education/Credentials
Graduated the University of Civil Engineering Bucharest, Faculty of Railways, Roads and Bridges (1985-1990); Trained under Mr. Gwyn Owen’s pupilage program for arbitrators/adjudicators under FIDIC mentoring program (2006 – 2007)

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