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Construction Law/volume of work reduce

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Question
Dear sir,
I am a General Contractor, I have signed a contract with to Client to construct bridge with 100m span and 31m width,the contract is governed by FIDIC. After we have signed a contract and mobilized all resources on site.Even we have started the works, the client sent us a letter that he has changing the width to 21m.What are my contractual entitlements in this situation.

thanks in advance

Answer
Hi,
In your case it will be a variation to modify the works, according to clause 13. You will be entitled to recover the Costs - see the exact definitions of them, in the Clause 1 - that your company incurred in preparing to do the works as initially foreseen in your Contract. The procedure described in the Sub-clause 12.4 [Omissions] will apply, i.e. you should give a notice about having and requesting to recover these costs, and such costs will be determined by the Engineer, according to the Sub-clause 3.5.
I took here the case of a contract FIDIC 1999 Red Book, but this issue is treated similarly in other forms of FIDIC contracts, too.
Hope it helps.
Best regards,
Alina

Construction Law

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Alina Valentina Oprea

Expertise

I can answer to questions regarding FIDIC 1999 contracts, including practical use of these conditions of contract, as well as to questions regarding dispute boards, both from theoretical and practical point of view. I cannot answer to questions related to other kind of contracts or to procurement process, except to some (limited) extent.

Experience

Implementation of works contracts (FIDIC 1999) financed by different financial institutions, including European Union; claims and disputes; dispute boards See more on www.alinaoprea.com

Organizations
Dispute Resolution Board Foundation

Publications
see http://alinaoprea.com/publications/ ; DRBF Forum Newsletter; Drumuri si Poduri; Revista Constructiilor; SIDiR Newsletter

Education/Credentials
Graduated the University of Civil Engineering Bucharest, Faculty of Railways, Roads and Bridges (1985-1990); Trained under Mr. Gwyn Owen’s pupilage program for arbitrators/adjudicators under FIDIC mentoring program (2006 – 2007)

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