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Construction Law/contract performance


Dear Liaqut,

I would like to seek some advice about contract performance. We are now preparing the tender documents for the client. The client said the site possession date is uncertain because of some outstanding issue of land grant. How should we address this problem in the tender document appropriately so that the client can bear minimum risk of claiming by contractor? Would you mind providing us some specific mechanism to put in the tender document? Many thanks.

Dear Lee,
Thank you for your question.
In such a case the fidic mdb 2010 is quite an interesting provision and like you to consider it.You cannot pass on this risk to one party wholly and have to work within some limits.
In this case the employer has an upper limit of upto 180 days to issue 'Order To Commence'as per clause 8.1 failing which the contractor has the right to terminate the contract.This 180 days can also be varied suitably to suit your needs adequately.
Regards-liaqat hayat  

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Liaqat Hayat


I can answer questions based on FIDIC 4 and FIDIC 1999 [design-build] with particular reference to time extension , price adjustment and disputes. I am in particular more inclined for response to points pertaining to how claims should be framed and put up in case of technical or other contractual shortcomings. Regarding procurement matters I have spent over 5 years as procurement specialist for highway authority and dealt with numerous claims and disputes in the capacity of "The Engineer" .

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