Construction Law/Imposition of LD

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Question
We are contractor and working on a road project under FIDIC 1987 contract. We have completed work up to last approved VO, the next VO is approved by department conditionally. Conditions are to recheck the quantum of work and review the classification of roadway excavated materials. We were submitted work program for extended period. The engineer did not issue approval letter of the work program. Now the engineer going to impose LD under FIDIC 1987 clause 47.3 bases on that submitted work program.
We think that there are three reasons due to which employer/Engineer cannot impose LDs:-
Reason i) The VO is not approved so that is not in our scope of work
Reason ii) The work program not approved by the engineer so that program is not valid.
Option iii) We shall submit our work program after the approval of VO therefore until the approval of VO and Work Program LDs cannot impose by Engineer.
Please suggest the best.
Thanks.

Answer
Dear Farrukh,
I could not understand your Q.For VOs,there may some additional time  required to execute the work.have you applied for eot request.submission of programme for the extended period does not mean that eot is automatically is granted.
work programme not approved by the Engineer --You means baseline programme or a programme submitted during currency of the Contract.
Please clarify that when the V.O was approved ,some time was given therein toexecute the work of that v.o or did you claim additional time for the last v.o ?

Lds cannot be imposed due to time taken over to execute the work of a variation order.

now you may judge at your own in view of above facts specified ,whether LDs will be imposed or not

Hope, I have answered. Anyhow,if yous still need further clarification, I,m available.

Regards

Engr. Arshad mamood

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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