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Construction Law/Client Consultant issues


We are Consultants performing supervision services on a middle east project under the White Book FIDIC form of contract.

The works are delayed due to circumstances beyond contractors control. The works are 80% complete, but the client will not sanction additional budgets for consultants supervision, resulting in an imminent demobilization of half of the supervision team.

We have notified the client of the demobilization schedule and how the works may be affected.

We feel it is our obligation to inform the contractor too. Is it OK to do so, or will there be repercussions against us.

Dear Jaison,

Thank you for your question.

I will like you to first note that, your contract with the Client is solely with the Client and Contractor is not privy to it. This therefore means you should be extra careful in disclosing with the Contractor, any information under your contract with the Client. However, ensure that, you get something (instruction or consent or notification) in writing that can be on record that, your client wants you to demobilise half of the supervision team. As a professional, you are to advise the Client on every of his decision particularly when it may not be in the interest of the project or constitute other risks.

My advice therefore in this case is as follows:

1. Ensure you have client writing specific instruction that confirms your demobilisation.
2. Ensure you have Client instruction / approval for the extension of time to be granted to the Contractor.
3. If both of the above are not available, you need to raise the negative implication and the risk to the Contract between Contractor and the Client. Risk like; change of Engineer's representatives (if you so occupy such role under the Construction contract) which places obligation on Client to notify the Contractor including how you intend to supervise the completion of the Contractor's scope after demobilising half of your resources showing any risk, shortfall (if any).
4. If both (1) and (2) are available, you need to evaluate and appraise the implication on your contract demobilisation of the half of the supervision team (negative technical and contractual implication and its negative impact and the risks it constitute on the Contractor's work / contract and your contract which may affect your liability and proper supervision, delay in approvals, delivery of high standard services you are committed to and reporting.
Let your appraisal be very detailed with suggestive recommendation options to mitigating or avoiding the risks identified. If possible, do a form of Value Engineering on cost and value for clients money.

Summarily, except you contract with the Client say so, i do not think it is an obligation placed upon you under your contract to inform the Contractor rather, you may need to check the contract between your Client and the Contractor and see possible obligation of the Client regarding same.

Hope this clears your doubt?

Yours truly,


Construction Law

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Femi Alofe


I can answer all questions relating to the followings: 1. Contract Administration - variations, contract clauses interpretation, all post contract procedures, valuations and certificates questions, extension of time issues and prolongation cost matters. 2. Contract Practice - Any questions regarding forms of contract like JCT, FIDIC & other Bespoke forms. 3. Quantification, measurements and Estimating questions 4. Contracts and construction law questions and dispute resolutions problems. 5. All FIDIC Conditions of contracts


Out of my 24 years experience in construction industry, i have the following specific experience: 1. Contract Administration - 15 years in contract administration with over 10yrs in Managerial positions covering africa and the middleeast. 2. Contract Practice - 15 years experience with over 10yrs in Managerial and expert positions covering africa, north america and the middleeast. 3. All pre-contract procedures, Tendering, Quantification, measurements and Estimating questions - 20 years experience. 4. Contracts and construction law questions and dispute resolutions problems - 15 years experience with over 10yrs in Managerial and expert positions and 5 years expert witness and active practice in arbitration proceedings covering africa and the middleeast.

1. FAIQS - Fellow, Australian Institute of Quantity Surveyors, Australia 2. FRICS - Fellow, Royal Institution of Chartered Surveyors, UK 3. CCP - Certified Cost Professional AACEI, USA 4. PQS - CIQS, CANADA 5. ACIArb. - CIArb, UK 6. MNIQS - NIQS, NIGERIA 7. RQS - QSRBN, NIGERIA

1. AACEI RP on Estimating, 2010

1. B.Tech (QS) 2. RICS professional course, CEM - UK 3. MSc , UK NARIC 4. Professional Doctorate ( to commence 2016)

Past/Present Clients
1. Larsen & Toubro Ltd, Dubai UAE 2. Larsen & Toubro (oman) LLC 3. Archi + Web consortium, Abuja Nigeria 4. George Dike & Associates, Minna Nigeria 5. Public works Authority (Ashghal), Doha Qatar

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