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Construction Law/Taking over certificate 48.1 & 2


if the road has been completed up to final surfaces courses and opened for traffic however treatment / construction of the shoulders is in progress than the contractor can claim completion certificates by the date of road completion or by complete the shoulders first?

Dear Farrukh,
thanks for the question.
Generally speaking,the works are substantially completed when they are in such condition that they are capable of being occupied and used by the Employer for which they are intended.Also it should have passed the tests on completion if any.In the circumstances described unless there are foolproof traffic management by the contractor and Employer fully satisfied,it is not safe to carry or open traffic when contractor is working in close proximity.I feel contractor is to complete shoulder first
Regards-liaqat hayar

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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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