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Construction Law/Notice Requirements in FIDIC 2010

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Question
Dear Sir,

I would like to have your expert opinion regarding timebar clauses in FIDIC 2010 MDB Harmonized Edition. Do such "notice prcedent" requirements timebar Contractor's claims if notice is not served within 28 days? If, in case, Contractor's claim is very rational; still "absence" of notice would discharge the employer / engineer from all liabiltiies?

And if a Contractor faces such situation, what course should he follow?

Answer
Dear Muhammad,

Truly speaking,Notice requirement is precedent for the Contractor's claim under sub-clause 20.1 of FIDIC MDB Harmonized 2010 Edition.This notice enables the Employer to be aware of the possibility of the Contractor's enhanced entitlement.The sub-clause is very clear and explicitly express the discharge of liabilities of the Employer,in case notice within time frame is not served. Nonetheless,if the Contractor is confident that his claim is very rational,he may raise the claim  and in case of refusal by the Engineer ,may refer to DB because in some cases,the Contractor may have an entitlement under applicable law of  the Land in such scenario.

Warm Regards

Engr. Arshad Mahmood

Construction Law

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Arshad Mahmood

Expertise

I may answer to the questions relating to FIDIC 4th as well as FIDIC 2010 MDB Harmonized version,price adjustment ,Variations,Eot and Cost claims,EPC Contract,Bidding Document,consultancy Contracts,certification,Standard Forms, Dispute resolution; and others pertaining to Contract implementation.

Experience

Contract management and Contract Administration, using FIDIC Conditions of 4th Addition as well as Fidic 1999 Red, Yellow and Silver Books including MDB Harmonized Edition 2010. Particularly in the area of Procurement of Contracts, Certification,Price Adjustment, variations,disputes management, EoT and Cost Claims; and other contractual issues arises from time to time during currecy of the Contracts.

Organizations
Member -Pakistan Engineering Council Member -Pakistan Engineering Congress Member -FIDIC Organisation

Publications
Joint Venture and Consortium Agreements for Pakistan Engineering Council,Pakistan

Education/Credentials
BSc Civil Engineering; Basic Management course; Hydro power Projects; and various other on Job Trainings

Awards and Honors
Commendation Certificate for the excellent management qualities and dedication at Ghazi Barotha Hydropower Project; and Certificate of Excellent work performed during Survey Camp.

Past/Present Clients
Water and Power Development Authority (WAPDA),Associate Consulting Engineer(ACE) and National Engineering services Pakistan(Pvt.) Limited (NESPAK)

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