Construction Law/Right to "Refute"
We are using the FIDIC MDB 2010
We, the Contractor, recently refute the Engineer's statement, through written correspondence, and the Engineer wrote us back that:
"... the Contractor do not have any right to "refute" the Engineer's statement under any provision of the Contract... The Contractor has every right to counter the Engineer's opinion..."
I just want to ask if the Engineer is correct in that statement. Moreover, I understand refute and counter has the same meaning, refute is usually a legal term, please comment.
Why did you refute? And what was the Engineer’s “statement”
Please take note that the word “statement” under FIDIC MDB is defined under subclause 126.96.36.199 . Please have a look.
Now, if you mean notices, requests, determinations etc. under subclause 1.3 and or Instructions of the Engineer under subclause 3.3 or determinations under subclause 3.5 when you say “statement” then I must say that, the Contractor has the right to submit claims, notices, letters by referring to the conditions of the contract. I must add that, the Contractor should always comply with the instructions coming from the Engineer or from his delegated assistants.
You can always submit claims, notices, letters and or demonstrate your contractual rights by referring to the Conditions of Contract.
Jonathan L. Peralta