Construction Law/clause 69.4, 69.1


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.

Dear Masood,

I suppose that you have some written evidence of the Employer's willingness to pay for extra work.  I assume that the access road was not in the original contract. Has the Engineer certified payment for this work?  If not you must submit a claim for payment and then proceed in accordance with clause 67.1.  If the Engineer has certified this work for payment then you could try clause 69, but do not hold your breath.  Regretfully, employers are renowned for saying one thing and doing another, especially if there is no written proof of their agreement.

Remember, in construction, if it's not on paper, it's vapour.  

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Peter M. Elliott


First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol before submitting a question.


Value . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest bidder, it's well to add something for the risk you run.
And if you do that, you will have enough to pay for something better.
. . . John Ruskin (1819 - 1900)
"We are too poor to buy something cheap"
.Romanian Proverb 2002
A lean compromise is better than a fat lawsuit. George Herbert (English poet 1593-1633)
I said it in Hebrew, I said it in Dutch,
I said it in German and Greek:
But I wholly forgot (and it vexes me much)
That English is what you speak!" Hunting of the Snark - Lewis Caroll
Match your presentation to the reader!
The joy of food lasts but an hour, of sleep but a day, of a woman, but a month, but the joy of a building lasts a lifetime. Syrian proverb.
Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')

Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation

B Sc(Hons) in Civil Engineering

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