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provisional acceptance definition
provisional acceptance  
Dear Mr. Liaqat
I am CA for the Consultant of a large Oil&Gas project. The Contract is a bespoke one.The Contract allows Contractor to provisionally handover the Work (taking over) on portions however the main Provisional Acceptance certificate for the project is last portion one which its Date must not exceed the scheduled one for the whole project. Warrant period (defects liability period) is understood that it would start right after the main Provisional Acceptance (last portion one). I am attaching herewith some documents hopefully you have the time to go through.My question is: if the Contractor successfully handed over a portion of the Work  provisionally (first portion) but the rest of the Work (the last portion) shall be handed over after few months upon which the main PAC will be issued,  Warranty period will start and Warranty Bond will be submitted by the Contractor, How can the work related to the first portion  be warranted by the Contractor during the period from its handing over date up to  the date of whole project (last portion) handing over? can this be under performance bond guarantee or by a non-releasing the payment milestone which , according to Contract, due to the Contractor upon issuance of the Provisional Acc. Certificate ?

Dear Khaled,
Sorry for delayed response
The provided info is limited as for as warranty bond is concerned and so i will be able to offer
general comments only.As i could understand from your question,it is quite appropriate to cover  with valid performance bond  as long as it is not voilation of a contractual expressed provision.
I will not recommend a delay in a due milestone payment.
liaqat hayat

Construction Law

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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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