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Construction Law/Rejection of Contractor's Notice to the Engineer

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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 Mohammad ,

Thank you for asking the question.
This question needs much more info regarding circumstances as linked with contemporary record maintained and failing which i can not answer the question satisfactorily.To your question,If I am you,i will first initiate and follow dispute resolution mechanism(cl.20.1)
Regards-liaqat hayat

Construction Law

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Liaqat Hayat

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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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