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Construction Law/Clauses 7.6 and 14.6


Dear Mr. Alofe,

Our Contract is based on FIDIC 1999.

We would like to ask your explanation as to the meaning of some section of Clauses 7.6 and 14.6 particularly the following:

Cl 7.6  - "Except to the extent that the Contractor would have been entitled to payment for the work, the Contractor shall subject to Sub-Clause 2.5 [Employer’s Claims] pay to the Employer all costs arising from this failure."

Cl 14.6 - (a)    if anything supplied or work done by the Contractor is not in accordance with the Contract, the cost of rectification or replacement may be withheld until rectification or replacement has been completed;"

Our major subcontractor have made a substandard work and the remedial work is so huge. We are thinking the Engineer/Owner might resort to the last paragraph of Cl 7.6 and Cl 14.6 but we are not quite sure on the meaning of the above.

Additionally, what will happen if the Engineer will withhold the cost of remedial work which is bigger than the IPC? Will they require us to pay the Owner back for the amount that cannot be covered or just limit the withholding to the amount of the IPC?

Thanks in advance.



Dear Felix,

Thank you for your question and I apologize for the delay in responding. I have been in transit for few days before now.

Now to your question, I will first point your attention to the fact that the stage of payment certificate in question is INTERIM. It therefore means, it is not final certificate. The clause you are referring to principally refers to final certificate wherein any defective work not properly rectified or any outstanding works not completed as at the end of maintenance period, or any such work that the employer after due process has executed  by himself or through other contractors would be deducted from the Contractors payment I.e. the contractor will pay the employer for any monies  spent in that regard. Deduction from the IPC for such payment to the employer is same as withholding the payment  for such work from the contractor's IPC.

Now, where the money being withheld is larger than the contractor's payment on the IPC, it means the amount payable to the contractor on that IPC will be negative an  this only means, no payment due to the contractor on that IPC and the contractor would be required to continue to work diligently until next IPC until when the payment   due on IPC will be positive. However, if this negative continues till the final certificate, the employer has the right to claim the money (I.e. the money the employer would require to rectify the work)from the Contractor's performance bond.

Hope this clears your doubt?


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Femi Alofe


I can answer all questions relating to the followings: 1. Contract Administration - variations, contract clauses interpretation, all post contract procedures, valuations and certificates questions, extension of time issues and prolongation cost matters. 2. Contract Practice - Any questions regarding forms of contract like JCT, FIDIC & other Bespoke forms. 3. Quantification, measurements and Estimating questions 4. Contracts and construction law questions and dispute resolutions problems. 5. All FIDIC Conditions of contracts


Out of my 24 years experience in construction industry, i have the following specific experience: 1. Contract Administration - 15 years in contract administration with over 10yrs in Managerial positions covering africa and the middleeast. 2. Contract Practice - 15 years experience with over 10yrs in Managerial and expert positions covering africa, north america and the middleeast. 3. All pre-contract procedures, Tendering, Quantification, measurements and Estimating questions - 20 years experience. 4. Contracts and construction law questions and dispute resolutions problems - 15 years experience with over 10yrs in Managerial and expert positions and 5 years expert witness and active practice in arbitration proceedings covering africa and the middleeast.

1. FAIQS - Fellow, Australian Institute of Quantity Surveyors, Australia 2. FRICS - Fellow, Royal Institution of Chartered Surveyors, UK 3. CCP - Certified Cost Professional AACEI, USA 4. PQS - CIQS, CANADA 5. ACIArb. - CIArb, UK 6. MNIQS - NIQS, NIGERIA 7. RQS - QSRBN, NIGERIA

1. AACEI RP on Estimating, 2010

1. B.Tech (QS) 2. RICS professional course, CEM - UK 3. MSc , UK NARIC 4. Professional Doctorate ( to commence 2016)

Past/Present Clients
1. Larsen & Toubro Ltd, Dubai UAE 2. Larsen & Toubro (oman) LLC 3. Archi + Web consortium, Abuja Nigeria 4. George Dike & Associates, Minna Nigeria 5. Public works Authority (Ashghal), Doha Qatar

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