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Construction Law/Penalties/ liquidated damages


Dear Mr. Peter,

I am a design Consultant have signed a contract with a Contractor for the design services of a Design and Build Contract. Our Contract is governed by Client/ Consultant Model services agreement as prepared by FIDIC edition 4, 2006.

At the particular conditions, We have deleted the entire clause No. (6) Liabilities.and both parties agreed that there will be no penalties and or liquidated damages incase of a breach.

The question is , If I have delayed providing the agreed deliverables, and the Contractor penalized for that by his Client,  am I liable, and is the Contractor entitled to penalize me.

Thanks a lot

Mohammed Khair Mohammadieh.

Dear Mohammed Khair,

Only courts can penalise you, but the Contractor may ask you to recompense him for extra costs, due to penalties imposed by his Client.  You would be liable.  Try not to be delayed in future, unless the delay is due to the fault of your client.  

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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.


Value . . .
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I said it in German and Greek:
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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')

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

B Sc(Hons) in Civil Engineering

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