Construction Law/Progress Reports


We are using FIDIC Yellow Book. We have handed over the work in May 2013. The Enginner still want us to submit monthly progress report. Article 4.21 stated among others " Reporting shall continue until the Contractor has completed all works which is known to be outstanding as at the completion date stated in the Taking-Over Certificate for the Works". At the moment we are still carrying out rectification works for defects stated in the Taking-Over Certificate for the Works.

Do we still need to submit, if so until when?


Dear Wong,

It is a contractual requirement to submit monthly reports "until the Contractor has completed all works which is known to be outstanding as at the completion date stated in the Taking-Over Certificate for the Works".  I am not sure what is unclear in this requirement.  If you have completed all the outstanding works stated in the Taking-over Certificate, then you do not need to submit further progress reports.  If they are incomplete then you must submit the reports.  

It seems sensible to me that these reports should be issued monthly, so that the Employer, and the Engineer, can see your progress to complete the outstanding works.  However, I would not expect it to take more than two months for the outstanding works to be completed and thus I would expect that no more than two reports would be submitted after the date of the Taking Over Certificate.  However, you may know better and need to submit more reports.

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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.


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