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Construction Law/Rejection of Contractor's Notice

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Question
Form of Contract: FIDIC MDB Harmonized Edition 2010

Dear Sir,

In above mentioned form of Contract, is the Engineer vested with authority to outrightly "reject" Contractor's Notice to the Engineer given under any of the GCC sub-clauses (such as 8.4, 20.1, 1.9, 17.4 etc.) without even consulting the matter with the Contractor and without asking for any contemporary record or other available evidence / information?

If 'the Engineer' follows this practice, what might be a remedy under provisions of FIDIC MDB Harmonized Edition 2010?

Regards.

Answer
Dear Muhammad

I am extremely sorry for not answering your question for so long. Actually I did not have excess to the internet. Now that it has already become too late you might have received a reply from somewhere else. I would suggest to go to the 'Linkedin page' and approach "Construction Claims Expert Group". Under the "Discussion" you will find exactly the same topic and there are views from many experts on the topic. You will find this very useful in your case.

I apologize for the inordinate delay once again.

Regards

Abdul Majid Khan  

Construction Law

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Abdul Majid Khan

Expertise

I am interested in questions related to time Extension, Liquidated Damages,variations, price adjustments,payments, disputes and Dispute Board under FIDIC IV, FIDIC 1999 and FIDIC 2006 Harmonized Documents.

Experience

I have been heading the Construction Management Division and Contract Divisions of National Engineering Services Pakistan (PVT) Limited, NESPAK, the largest Consulting Engineering Firm in Pakistan, for more than seven years and two years respectively. I have also worked as "The Engineer" on a number of projects. I have been working in Saudi Arabia for about seven years on a road projects. Additionally I worked as Arbitrator and am member of few Dispute Boards in individual capacity on Asian Development Bank funded projects.

Organizations
Inland and in Middle East. I have worked with National Engineering Services Pakistan (Pvt) Limited (NESPAK)as my Employer for more than 27 years in Pakistan. In Saudi Arabia I worked for Rashid Engineering, Consulting Engineers during 80s. After retirement I provided advisory services to NESPAK on technical and contractual matters to its various divisions and lately I was appointed as Advisor to Managing Director NESPAK on Technical and Contractual matters. Currently I work as Free Lance Contract Specialist on Fidic Form of Contracts.

Education/Credentials
I am a graduate with a B.E (Civil Engineering) degree. My year of graduation is 1970.

Awards and Honors
A few appreciation Letters and Honorariums during my service in NESPAK. I remained member of Administrative Committee and Board of Management of NESPAK. I had been part of the Management Committee in the absence of Managing Director.

Past/Present Clients
Most of the Clients used to be Government Departments, Corporations and Authorities. In Saudi Arabia the Client was Ministry of Communications. As Arbitrator and Dispute Board (DB) member, I provide services to various Government Departments and Contractors.

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