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Construction Law/Issuance of TOC for workdone items of terminated contractor


We are working under Fidic 99 Red Book for a residential development project.

The current contractor is working on this project and his workdone value achieved 60% of contract value. However, he is going to be terminated by the Employer due to slow progress on site. My question is does the Engineer need to issue Taking over certificate for items which the current contractor have done? I cannot find any clause mentioned about this in Fidic 99 Red Book.

Much appreciated for your prompt response.


Dear David,
Thanks for your question.
The contractor's employment can be terminated under clause 15 after required notice is served.This entitlement  has limitations as described in clause 15.5 and issuance of a seperate taking over certificate is not an obligation mentioned therein but has  to simply proceed as per provisions of clauses 15.4/16.3. Coming to your question,yes contractor is to be paid for items current contractor has done but not earlier than he has submitted his final statement
Regards-liaqat hayat

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Liaqat Hayat


I can answer questions based on FIDIC 4 and FIDIC 1999 [design-build] with particular reference to time extension , price adjustment and disputes. I am in particular more inclined for response to points pertaining to how claims should be framed and put up in case of technical or other contractual shortcomings. Regarding procurement matters I have spent over 5 years as procurement specialist for highway authority and dealt with numerous claims and disputes in the capacity of "The Engineer" .

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