Construction Law/69.1

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Question
WE ARE THE CONTRACTORS AND WORKING ON A ROAD PROJECT, UNDER FIDIC 1987, THE ENGINEER OF THE PROJECT NEVER GIVEN ANY DECISION IN 21 MONTHS AND ON OUR REQUEST EMPLOYER REMOVED THE THAN ENGINEER. THE PROJECT TIME WAS 24 MONTHS BY SITE WAS MORE OFTEN OFF DUE TO LAW AND ORDER SITUATION , AND EMPLOYER ALSO CONFIRMED IN WRITING THAT LAWA AND ORDER SITUATION EXISTS. NOW EMPLOYER IS NOT HAPPY WITH THE NEW ENGINEER AND JUST WROTE A LETTER TO HIM THAT HE IS DEMOBILIZED. WE ARE PLANNING TO WRITE TO THE EMPLOYER THAT,EMPLOYER HAS NO ABILITY TO REMOVE ENGINEER AS PER FIDIC 4TH EDITION AND EMPLOYER IS ALSO INTERFERING AS PER CLAUSE 69.1 OF coc.
Can we go for notice,under clause 69.1b(interfering, obstructing etc. and what could be consequences.

Answer
Dear Masood,

You cannot ask the Employer to remove the Engineer and agree to his removal and then complain if the Employer does the same thing with the next Engineer.  In fact there is no provision in FIDIC 87 for the removal of the Engineer.  If the Engineer is removed, then it should be an amendment to the Contract, which is signed by both the Employer and the Contractor, but it is too late for that now.

Following your earlier actions, I would say that you have no chance under clause 69.1b.

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Peter M. Elliott

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First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol www.eotprotocol.com before submitting a question.

Experience

Value . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest bidder, it's well to add something for the risk you run.
And if you do that, you will have enough to pay for something better.
. . . John Ruskin (1819 - 1900)
"We are too poor to buy something cheap"
.Romanian Proverb 2002
A lean compromise is better than a fat lawsuit. George Herbert (English poet 1593-1633)
I said it in Hebrew, I said it in Dutch,
I said it in German and Greek:
But I wholly forgot (and it vexes me much)
That English is what you speak!" Hunting of the Snark - Lewis Caroll
Match your presentation to the reader!
The joy of food lasts but an hour, of sleep but a day, of a woman, but a month, but the joy of a building lasts a lifetime. Syrian proverb.
Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')

Organizations
Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation

Education/Credentials
B Sc(Hons) in Civil Engineering

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