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Construction Law/contract sum variation

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Question
Can a contract sum be varied during the defects liability period since the contractor is yet to be discharged during this period. As you answer the question, keep in mind that the said contract adopts part i and ii conditions of the FIDIC IV 1992 Contract Red Book. Your response to this question is highly appreciated. THANK YOU.

Answer
Dear Joan,

My answer is Yes because, in accordance with the clause 62.1, the Contract shall not be considered as completed until a Defects Liability Certificate shall have been signed by the Engineer and delivered to the Employer. Only Defects Liability Certificate provides end to the Contract between Parties.

Best Regards

IRVALI

Construction Law

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ALI IRVALI

Expertise

FIDIC, Arbitration Procedures, Claim Management, Project Management.

Experience

I have experience of working at 6 countries in MENA region (algeria, Libya, Saudi Arabia, Oman, Pakistan)as the Regional Director and General Manager of a construction company. I have experience on various applications of FIDIC and construction law, arbitration procedures, claim management, project management.

Organizations
CEO of TURCON Construction presently. www.turcon.com.pk

Education/Credentials
M.S. Civil Engineer, Various Courses on Project Management, Seminars on FIDIC.

Past/Present Clients
National Highway Authorities of various countries, Water and Power Development Authorities, Karachi Port Trust, etc.

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