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Construction Law/New material approval issue

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Question
Dear Sir,

We, as subcontractor, carrying out construction works of roads with concrete pavement. The materials are supplied by such as gravel, sand, cement and all are locally produced. But our problem is that, the Engineer is refusing to approve new gravel we are offering for use in concrete pavement. We have carried out required tests and the material complies with quality requirements. The Engineer says that the material cannot be used because at the moment another material is being used and it is approved. What an answer from such an experienced Engineer. So my question is is there any clause in FIDIC 2006 where it allows the contractor or subcontractor propose the use of new materials following the submission of all testing results. Can we refer to sub clause 13.2 Value engineering. The main reason we are offering this material is that the transportation costs will be radically decreased for us resulting in cost savings. Please advise me how to persuade the Engineer and what clause shall I refer to in FIDIC. Thank you.

Answer
Dear Ayyubhon

Yes, you can refer to sub clause 13.2 and propose the said material. I am not sure; despite material conforming to the specs; why the Engineer is reluctant to approve the material. Engineer's reason is very vague and contrary to his obligations to the Employer.

You may submit your proposal with time and cost reductions and also discuss this matter with Employer's Representative.

However in the end of the day it is Employer's money and if he does not want to adopt cost savings measures you should not be worried.

Thanks and do not hesitate to revert with a follow up question if you wish to do so.

BR

Construction Law

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Manish Gupta

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I can answer questions related to Cost Planning, Contract Administration, Construction Law & Other Post Contract QS related areas.

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7 Years with Contractors 12 plus Years with Owners & Consultants

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Calgary Project Consultants, Jacobs International, Turner International, J Ray McDermott Inc. Hindustan Construction Company

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MRICS, MCIArb, BE (Civil), PGDCM LLM-Constuction Law in Arbitration and Adjudication

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