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Construction Law/T.O.C & D.L.C FIDIC 1987


I have received T.O.C in accordance with FIDIC 1987, but the T.O.C indicated some specific items of work as outstanding works to be completed during D.L.P, when I notified Engineer with completion before the end of D.L.P
now the Engineer wants to issue a separate T.O.C for the listed outstanding items of work, when I objected in order to release the other have of retention up on the first date of T.O.C not later.
Am I on right side?

thanks in advance

Hi Hany

Sorry for late reply.

it is a general practise that with TOC a list of outstanding items issued to the Contractor. You need to complete the work within the time stipulated in the list. Till you have complete the outstanding work, 50% of retention money is put on hold. This money is kept, in case the Contractor fail to carry out outstanding work, the Employer can use this money to call outside contractor to complete the. work.

Upon completion you should call engineer for inspection, If he is satisfied with the outstanding work he will certify in writing that work is completed. Then the retention money will be released.

It is good if he issuing a new TOC for Outstanding works. It mean he certifying that you have completed the work.

With the NEW TOC you can demand him to release your retention money.

I hope that my answer will satisfy your query.

Please feel free to contact me if you have any further query.

Please leave a positive feedback for me.


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Vineet Shrivastava


I can answer any question on 1. Project Planning 2. Delay Analysis - Extension of Time 3. Project Management 4. Contract Management 5. Construction Methodology I can't Answer any question 1. Cost related issues


I have 22 year experience in construction industries at Singapore, India and Australia. I worked as Planning Manager and delay analyst for contractor. I am currently working with claim consultancy as Associate Director.

Navigant Consulting APAC Pte Ltd E C Harris Sinagpore Pte Ltd McConnell Dowell SEA Pte Ltd Kajima Oversea Asia Pte Ltd Taisei Corporation

B.E (Civil), PGDMA(PM), Graduate Diploma (Const. Management), MSc (Intl. Const. Management),LLM In Construction Law (Arbitration & Adjudication), FSIArb, MCIArb, MIES, MSIB MIIAM, MMIArb

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