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Construction Law/Issuance of Payment Certificate

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Question
Dear Peter,

Under Subclause 60.2 of the 1987 FIDIC conditions of Contract it is stipulated that the payment certificate shall be issued to the Employer however no mention that it should be equally issued to the Contractor. The Engineer does not want to issue the certificate to the Contractor based on the above.

The question is can the Contractor seek a copy of the certificate and under which clause of the conditions.

Thank you.

Answer
Dear Hany,

I can think of no reason why an honest Engineer would refuse to issue a copy of his certificate to the Contractor.  You need a copy for a multitude of reasons, including preparation of the following statement of account.  This refusal is a recipe for disaster.  I would be very suspicious of such a refusal, as it could mean that the IPC was issued late, or that there was a major difference between the IPC and your statement of account; perhaps due to claims.  You will eventually discover the reason when payment is made, but it could be some time if the Employer is delaying payment.  Unfortunately, I cannot find any contractual support for your request for a copy of the IPC when issued to the Employer.

Obviously, you do not have good relations with the Engineer.  I would try to improve relationships with the Engineer and consider very carefully any discussions relating to claims, variations and approvals.  

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Peter M. Elliott

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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 www.eotprotocol.com before submitting a question.

Experience

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')

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

Education/Credentials
B Sc(Hons) in Civil Engineering

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