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Construction Law/Replacement of key professionals


"Dear Sir
With due regards
Kindly clarify the matter related to Consultancy services providing to Client for for supervision and quality control of construction projects. The situation is that the services asked by the client for the period od 24 months with proposed technical staff.

1. For replacement of each staff proposed in technical proposal remuneration reduced by 10% for each replacement. If replacement of staff reached more than 50% of staff then action of termination may initiate by the client in the contract period of services.

2.The construction contracts work not completed in time by the contractor due to some reasons resulting the services of supervision consultants required to extend up to according to expected completion of construction works.

Questios are;
1. The technical staff engagged for the period of contract only. In the extended period of services the persons are not willing to continue further. Please clarify in such case replacement clause wiil applicable or not to continue the services with replacement of technical staff?
2. In the extended period the replacement clause conditions for reduction of remuneration of each position will be applicable or not?

I hope a valuable advise at earliest is expected.thax in advance.

With regards


Dear Sanjay,

This question does not concern FIDIC Conditions of Contract so it will be difficult to give a definitive answer, but here come some general guidelines.  

1. I suggest that the Employer will try to impose the replacement clause.  

2. I suggest that the Employer will try to impose the reduction of remuneration for each position.  However, I suggest that you claim your actual costs as this is a variation to your contract.

It might be that the Contract has no provision for variations or extensions of the contract, in which case, you could walk away or insist on your own rates.  Of course, the Employer might cancel the Contract, but that could be the cheaper alternative for you.  

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Peter M. Elliott


First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol before submitting a question.


Value . . .
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Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')

Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation

B Sc(Hons) in Civil Engineering

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