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Construction Law/FIDIC Red Bool Site Data


Dear Ali, kindly answer my question.

The Contract is for road construction in rocky area. Design and feasibility study done by local consultant who suggested straightforward excavation for the works instead of blasting. Despite no alternatives were proposed, several of the bidders have extensive reservations as to the stability of the rock where excavation had to be made, and a number of alternative designs and construction methods.

I refer to cl. 4.10-4.12 of Red Book. If the Employer accepts the bidder who agrees on excavation method without any reservation for the soil stability, will it be at Contractor cost if some landslides make damage to it's equipment or cause additional expenditures (cl.4.10) , or does such situation fall under 4.12 as an unforeseeable condition, because no nowhere in the tender there is any mention that the slopes might be unstable?

If some rock blasting turns out to be required, shall it be under cl.12.3 as subject to new rate definition? As blasting may further influence soil stability - if Contractor executes it and this leads to some soil slippage, who shall bear the cost of any damage if nothing is said of this type of work in Contract?

Thanks in advance,

Dear Yulia
I am taking the opportunity to reply your valuable question;Let me know the situation if rocky strata is there where is the matter of soil stability occur? If excation in rocky strata carried out by blasting or any other mechanical means(if restrictions of blasting is there) the valuation clause will be applicable if variation order instructed by the Engineer.

I shall appreciate your follow up for further clarifications.

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Sanjay Khandelwal


I can answer related to the various construction contracts forms related with disputes and claims.Expertise in to evalute the extension of time,cost and profit claims.I can answer regarding the contract management in civil works.


I have the experience of construction industry, as a consultants,executor of construction activities of infrastructure development like road and buildings. I have the experience of various software related to design of highways and quantity evaluation.

I am life member of Indian Road Congress,INDIA I am presently employed with M/s Lion Engineering Consultants,INDIA

My educational qualifications are as below: I am engineering graduate from MITS, INDIA,1987 I have completed my Post graduation from NIT,INDIA,2011

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