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Construction Law/Cancelled material already ordered


Dear Mr Khan,

I am working on a construction project that included in its original BOQ Irrigation pumps.

These pumps have now been cancelled by the Engineer.

The pumps have already been dispatched by the supplier and are on their way to the site. Hence, they have been paid for by us and cannot be returned.

We have not sent a notice to the Engineer under sub-clause 4.16 of the FIDIC 1999 informing him that the pumps will arrive on a certain date.

My question is: are we able to contractually claim for the dispatched pumps?

Dear Hicham
I am trying to answer your question.
Contractually; if you have already ordered the pumps as per your contract and dispatched by the suppliers then Engineer can not cancelled with our prior notice.
It was the lapse at your end to give the 21 days prior notice for transportation of  major Plants and goods to the site but it does not means the Engineer will cancelled the items without prior notice under the variation.
Therefore you can claim for the dispatched  pumps under clause of contractor's claim.
I hope this will help to you.
With best regards

Construction Law

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Sanjay Khandelwal


I can answer related to the various construction contracts forms related with disputes and claims.Expertise in to evalute the extension of time,cost and profit claims.I can answer regarding the contract management in civil works.


I have the experience of construction industry, as a consultants,executor of construction activities of infrastructure development like road and buildings. I have the experience of various software related to design of highways and quantity evaluation.

I am life member of Indian Road Congress,INDIA I am presently employed with M/s Lion Engineering Consultants,INDIA

My educational qualifications are as below: I am engineering graduate from MITS, INDIA,1987 I have completed my Post graduation from NIT,INDIA,2011

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