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Construction Law/Approval of materials for Works on Red Book Fidic contract

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Question
Question:
In case of performed Works on FIDIC Red Book 1999 contract: Why it is necessary to be approved by Engineer the materials? Already was approved the Contractor's offer, it is not sufficient?

I understood that just in case of Yellow Book Fidic contract is mandatory to be approved the materials by Engineer, but not in case of Red Book Fidic. It is correct?

Answer
Dear Odette,


Thank you for your question.

In general, Contractor includes in their offer a Method Statement, indicating how certain works are to be carried out, but not specific details of ALL materials to be used.

Sub-Clauses 7.3 [Inspection] and 7.4 [Testing] show precisely that.

As well, even if details are included in the offer, that is not a guarantee that Contractor indeed uses the right materials.

It is a simple part of the Engineer's checks for ensuring the right quality of the works.

Beside that, not all sources of materials are always suitable. Take the aggregates for example: there are sources of better or lesser quality. Or, in a pile of delivered aggregates, even if a source is approved, you may find clay, or other impurities affecting the quality of the material, hence of the works.

As for such obligation existing only under Yellow FIDIC, I am uncertain what made you "understand" that, but it is obviously inaccurate.

Engineer has to check materials under both Red and Yellow FIDIC Books.

Trust that answer your query.  

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Florin NICULESCU

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Questions related to Civil Engineering Contracts, using FIDIC or other Conditions of Contract, concerning Procurement procedures and documents (pre-qualification, tendering and contracting) and Services/ Works Contracts implementation matters including Determinations, Payments, Time Extensions, VOs, Claims/Disputes. Additionally, questions related to dealing with International Financing Institutions. Can also answer questions in Romanian. Can not answer improperly formulated questions.

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Over 20 years of experience in the field of design, works supervision, construction, management of aid funds and technical assistance for various types of contracts implementation, including severe conflictual contractual situations leading to Claims and disputes. Claims/ Contract management, Disputes adjudication, Arbitration.

Organizations
Member of Romanian Professional Association of Roads and Bridges; Listed on President's List of Adjudicators of Romanian Association of Consulting Engineers www.aric.org Former member of the Disputes Resolution Board Foundation (DRBF) of United States – nominee on DRBF President’s Disputes Board Members List www.drb.org and of DRBF Chapter for Eastern Europe http://dabdrb.googlepages.com Former member of Polish Association of Consulting Engineers (SIDiR) – nominee on SIDiR President’s Disputes Board Members National List http://www.sidir.pl/sidir/index.php?action=czlonkowie&a2=r Member of “AllExperts.com” volunteers pool http://www.allexperts.com/user.cgi?m=4&expID=85358&catID=914 Member of the "Constructions Disputes Resolution Services” International Panel of Construction ADR Specialists" of United States www.constructiondisputes-cdrs.com

Education/Credentials
- Graduate in 1994 the Construction Institute - Graduate of several FIDIC,Procurement and other courses - Graduate of first Disputes Board Members Mentoring Scheme (http://www1.fidic.org/resources/adjudicators/pupilage.html) - FIDIC Accredited Adjudicator

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- Several State organisations/Ministries , such as Ministry of Transport, National Admistration of Roads, Ministry of Regional Development (former Ministry of European Integration), Public Works and Housing, Central Contracting and Financing Unit in Romania and also in Turkey, Croatia and Macedonia - Numerous Western based private consultancy companies - full CV and other relevant information available at www.abinitio.ro

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