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Construction Law/Change the project Site

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Question
Dear Mr. Peter,

I am a design Consultant, I have signed a contract with a Client to design a building, the contract is governed by FIDIC Client/ Consultant Model of agreement edition ( 4 ) 2006 After we have agreed and signed a contract based on a defined location and building built up area and even we have completed the preparing the topography plan and progressing the concept design tasks, he has sent us a letter that he is changing the location of the project to another location and the built up area with be bigger than what agreed.

What are my contractual entitlements in this situation

Thanks a lot

Mohammed Khair Mohammadieh

Answer
Dear Mohammed Khair,

The Client has changed the basis of the contract, so you are entitled to reimbursement of all your reasonable extra costs.  I suggest that you seek reimbursement for all your work to date, including the topography plan, plus an increased fee based on the revised built up area. Of course, you may wish to discuss the problem with your client before submitting the claim.  You must make the choice if you are likely to lose your client through increased costs, but I would never work at a loss.  Once you start on that slippery slope, you will be exploited for the rest of your working life.

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Peter M. Elliott

Expertise

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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