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Construction Law/deduction under FIDIC 1999

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Question
Hi John,
a quick one regarding 2 unauthorised deductions from an IPC by a main contractor m/c.
1. we have an unauthorised deduction from an IPC with no backup whatsoever ? m/c evades questions on this issue.
2. M/c deducted a tax amount from an IPC, which he was supposed to forward directly to the tax authorities and give us the tax certificate. He did not provide us the tax certificate as he previously did, which implies that he never paid the money to the tax man.
can you advise a route we may take in the above cases. We have a problem with this contract where the m/c hides behind FIDIC technicalities, only when they suit him, to commit acts of fraud.

Answer
Dear Jackie,

Thank you for this question.

Your primary remedy will depend upon the contract you have with the main contractors. If that contract provides for dispute resolution by Adjudication (DAB under FIDIC) I think that is your best option.

If you can provide further details of the contract I will be happy to consider this further.



I hope that this assists you.

Kind regards,
John Dowse

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Construction Law

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John Dowse

Expertise

Legal; contract interpretation; quantum; delay analysis. Practitioner in arbitration, adjudication and mediation.

Experience

Thirty-three (33) years experience in building and construction, at all levels both within contracting and consulting organisations. Practising arbitrator, adjudicator, and mediator. Faculty approved trainer for the Chartered Institute of Arbitrators. Lecturer on construction contract forms and dispute resolution practices.

Organizations
Chartered Institution of Civil Engineering Surveyors Chartered Institute of Arbitrators Institute of Directors Society of Construction Arbitrators

Publications
Various UK and International construction and legal publications.

Education/Credentials
LLB (Hons), Pg Dip (Legal Practice), MCInstCES MCIArb MIOD Barrister

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