Construction Law/right of way

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Question
i work in irrigation project - employer side, construction law - fidic red book 1999, the contractor was given the right of way for canal works (clearing and grubbing etc) and what is the case if the right of way of construction drawing is greater than given right of way of BOQ and if the right of way of construction drawing is shorter than given right of way of BOQ?

the contractor uses the case of
right of way of construction drawing is greater than given right of way of BOQ

and for the case of
right of way of construction drawing is shorter than given right of way of BOQ - the contractor uses that suits favourable to him (right of way of BOQ)
what to do in that case?

please suggest sir,

Answer
Dear Mr Rajan,
I could not understand your Q.Generally,In Document ROW is defined and there is no dimension given in BoQ. However limits of ROW  are alwyas clealy specfied in Drawings which the Contractor has to follow.

Since,the Drawings have the pririoty over BoQ,therefore you should instruct the contractor to follow the dimension of ROW given in Drawings.Thus my suggestion is to follow drawings only but it will depend the conditions of conformed Documents.If you feel still problem,you may send the complete case for proper answering.

Regards

Engr Arshad Mahmood  

Construction Law

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Arshad Mahmood

Expertise

I may answer to the questions relating to FIDIC 4th as well as FIDIC 2010 MDB Harmonized version,price adjustment ,Variations,Eot and Cost claims,EPC Contract,Bidding Document,consultancy Contracts,certification,Standard Forms, Dispute resolution; and others pertaining to Contract implementation.

Experience

Contract management and Contract Administration, using FIDIC Conditions of 4th Addition as well as Fidic 1999 Red, Yellow and Silver Books including MDB Harmonized Edition 2010. Particularly in the area of Procurement of Contracts, Certification,Price Adjustment, variations,disputes management, EoT and Cost Claims; and other contractual issues arises from time to time during currecy of the Contracts.

Organizations
Member -Pakistan Engineering Council Member -Pakistan Engineering Congress Member -FIDIC Organisation

Publications
Joint Venture and Consortium Agreements for Pakistan Engineering Council,Pakistan

Education/Credentials
BSc Civil Engineering; Basic Management course; Hydro power Projects; and various other on Job Trainings

Awards and Honors
Commendation Certificate for the excellent management qualities and dedication at Ghazi Barotha Hydropower Project; and Certificate of Excellent work performed during Survey Camp.

Past/Present Clients
Water and Power Development Authority (WAPDA),Associate Consulting Engineer(ACE) and National Engineering services Pakistan(Pvt.) Limited (NESPAK)

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