Construction Law/FIDIC Provisions


1.   At the commencement of a Contract Client changes the scope of the project just about to issue the LOA. At verge of issuing the LOA Employer wants to change the scope of the project. As a Contractor how to manager this? Under Fidic what are provisions available?
What are the practical methods available to manage this situation?

2. Contractor gets some kind of disturbance to carry out the Work due to third party third party's work. Under FIDIC what are actions Contractor will have to take under such circumstances?

3. After completion, some part of a Work is not working. the Employer is not in a position to use the facility as intended. Therefore, probably that has to be closed down or Employer have to go out from the premises. because it cannot be used.
If that happens how to deal with Contractual Provisions under Fidic 1999 Red Book?
How to advice Employer on this with reference of FIDIC?

Dear Dhanushka

Thank you for the questions. Here are the answers in seriatim:

Q-1. It is not very clear whether the LOA has been acknowledged by the Contractor because without this, there is no binding between the Parties to the Contract. If it has been taken place and the Client has changed the scope of Work, then the Contractor may proceed under sub-clause 12.4. (i.e., may raise claim).He may also give prompt notice under sub-clause 13.1 with supporting particulars that the Contractor can not readily manage the goods as per revised scope. Another option is that he may refuse to proceed ahead, if he has not yet submitted the performance guarantee.

Q-2  Due to interruption of third party , the Contractor may invoke sub-clause 20.1 for claiming consequential effects—i.e., Eot and cost claims. However, for this solid reasons/justifications would be required that the Contractor work programme has physically disrupted. Of course for such claim a timely notice under sub-clause 20.1 is precedent condition.

Q-3  In such scenario, the Contractor may request for EoT under sub-clause 8.4 in order to make that facility in proper working order, otherwise the Employer has the right to claim under sub-cause2.5,the delay damages and other financial loss.
Hope it will help you while making future line of action.

Best wishes and regards

Engr Arshad Mahmood

Construction Law

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Arshad Mahmood


I may answer to the questions relating to FIDIC 4th as well as FIDIC 2010 MDB Harmonized version,price adjustment ,Variations,Eot and Cost claims,EPC Contract,Bidding Document,consultancy Contracts,certification,Standard Forms, Dispute resolution; and others pertaining to Contract implementation.


Contract management and Contract Administration, using FIDIC Conditions of 4th Addition as well as Fidic 1999 Red, Yellow and Silver Books including MDB Harmonized Edition 2010. Particularly in the area of Procurement of Contracts, Certification,Price Adjustment, variations,disputes management, EoT and Cost Claims; and other contractual issues arises from time to time during currecy of the Contracts.

Member -Pakistan Engineering Council Member -Pakistan Engineering Congress Member -FIDIC Organisation

Joint Venture and Consortium Agreements for Pakistan Engineering Council,Pakistan

BSc Civil Engineering; Basic Management course; Hydro power Projects; and various other on Job Trainings

Awards and Honors
Commendation Certificate for the excellent management qualities and dedication at Ghazi Barotha Hydropower Project; and Certificate of Excellent work performed during Survey Camp.

Past/Present Clients
Water and Power Development Authority (WAPDA),Associate Consulting Engineer(ACE) and National Engineering services Pakistan(Pvt.) Limited (NESPAK)

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