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 your question.

I take you work with the Engineer, and need suggestions on how to advise your Employer ...

1. As long as the Contract has not been signed, the Conditions of Contract included into it, are not yet enforceable. Only from the moment of the Contract signature, or as the case may be, after issuance of Letter of Acceptance.

However, you are within the "procurement" phase and hence, it is the applied procurement procedure you should look in.

Such procedure, especially in case of public procurement, or financing by development banks, should include a provision that such negotiations are only acceptable as long as they do not change the grounds of original competition terms.

As well, you may seek support under the Law of the Country.

2. That depends very much on the actual situation, as Sub-Clause 4.6 [Co-operation] may come in.

That Sub-Clause read: "The Contractor shall, as specified in the Contract or as instructed by the Engineer, allow appropriate opportunities for carrying out work to:
#a#   the Employer's Personnel,
#b#   any other contractors employed by the Employer, and
#c#   the personnel of any legally constituted public authorities,
who may be employed in the execution on or near the Site of any work not included in the Contract.
Any such instruction shall constitute a Variation if and to the extent that it causes the Contractor to incur Unforeseeable Cost."

Analyse the actual case and see if it fits described situation.

Contractor may have to either chase the Employer, if such instruction has been received, or chase that other third party, if they simply entered the site and started their activity. It also depends if they are working for the same Employer, in which case, although no instruction, Sub-Clause 4.6 may still apply.

3. That's why you have a Defects Notification Period!

Contractor must be properly notified and called to correct the works.

For the period when Employer is deprived of using the Works, they should claim against the Contractor for extension of the Defects Notification Period.

Hope that answer your queries.

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Questions related to Civil Engineering Contracts, using FIDIC or other Conditions of Contract, concerning Procurement procedures and documents (pre-qualification, tendering and contracting) and Services/ Works Contracts implementation matters including Determinations, Payments, Time Extensions, VOs, Claims/Disputes. Additionally, questions related to dealing with International Financing Institutions. Can also answer questions in Romanian. Can not answer improperly formulated questions.


Over 20 years of experience in the field of design, works supervision, construction, management of aid funds and technical assistance for various types of contracts implementation, including severe conflictual contractual situations leading to Claims and disputes. Claims/ Contract management, Disputes adjudication, Arbitration.

Member of Romanian Professional Association of Roads and Bridges; Listed on President's List of Adjudicators of Romanian Association of Consulting Engineers Former member of the Disputes Resolution Board Foundation (DRBF) of United States – nominee on DRBF President’s Disputes Board Members List and of DRBF Chapter for Eastern Europe Former member of Polish Association of Consulting Engineers (SIDiR) – nominee on SIDiR President’s Disputes Board Members National List Member of “” volunteers pool Member of the "Constructions Disputes Resolution Services” International Panel of Construction ADR Specialists" of United States

- Graduate in 1994 the Construction Institute - Graduate of several FIDIC,Procurement and other courses - Graduate of first Disputes Board Members Mentoring Scheme ( - FIDIC Accredited Adjudicator

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