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Construction Law/FIDIC FOURTH EDITION 1987 - Post Taking Over Cert Instructions

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Question
Hello,

I am currently administering a FIDIC FOURTH EDITION 1987 FOR WORKS OF CIVIL ENGINEERING CONSTRUCTION as an MEP Subcontractor and have received a taking-over-certificate (TOC) from the Main Contractor for the Works.

I am continuing to receive instruction from the Contractor.

FIDIC FOURTH EDITION 1987 is silent on whether instruction can be given up to the TOC or up to the end of the Defect Liability Period.

I want to reject the instruction I am receiving.

Any advice?

Answer
Dear Sean,Really very sorry for late answering.

It is not clear from your Q, whether you are a nominated Sub-Contractor or simple sub-contractor and what are the terms and conditions in your Sub-Contract.Generally after TOC,,sub-contractor is responsible  for the minor outstanding works during DLP or any other defects in Works arose after TOC but before DLP.
However,Sub-Contractor may refuse for additional works,instructed by the Engineer during DLP. For this purpose,a sub-Contractor may say that he has demobilized his major resources and it is too difficult for him to execute additional work on the same rates and prices available in the BoQ. Thus, you may either refuse or demand for higher rates,if the Contractor is still instructing for some works.Any further query will be appreciated.

Regards

Engr.Arshad Mahmood

Construction Law

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Arshad Mahmood

Expertise

I may answer to the questions relating to FIDIC 4th as well as FIDIC 2010 MDB Harmonized version,price adjustment ,Variations,Eot and Cost claims,EPC Contract,Bidding Document,consultancy Contracts,certification,Standard Forms, Dispute resolution; and others pertaining to Contract implementation.

Experience

Contract management and Contract Administration, using FIDIC Conditions of 4th Addition as well as Fidic 1999 Red, Yellow and Silver Books including MDB Harmonized Edition 2010. Particularly in the area of Procurement of Contracts, Certification,Price Adjustment, variations,disputes management, EoT and Cost Claims; and other contractual issues arises from time to time during currecy of the Contracts.

Organizations
Member -Pakistan Engineering Council Member -Pakistan Engineering Congress Member -FIDIC Organisation

Publications
Joint Venture and Consortium Agreements for Pakistan Engineering Council,Pakistan

Education/Credentials
BSc Civil Engineering; Basic Management course; Hydro power Projects; and various other on Job Trainings

Awards and Honors
Commendation Certificate for the excellent management qualities and dedication at Ghazi Barotha Hydropower Project; and Certificate of Excellent work performed during Survey Camp.

Past/Present Clients
Water and Power Development Authority (WAPDA),Associate Consulting Engineer(ACE) and National Engineering services Pakistan(Pvt.) Limited (NESPAK)

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