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Construction Law/Certification of paymnets


Dear Mr Peter,
we are the main contractor for a Contract  which refers FIDIC MDB harmonized edition may 2005.
If the Engineer did not certified our entitled payment after TOC is issued,what are the actions we can take as a contractor.since there is no physical works at site to suspend or reduce rate of progress Sub Clause 16.1 is not much helpful.
Please guide under which clauses we can use to handle the matter.
Thank you in advance for your kind response.

Dear Rohana,

You are in a difficult position.  I think that your only hope is to start legal proceedings.  Once, I had the experience of a contractor issuing a notice under clause 16.1 after the ToC had been issued, but it did not solve the problem.  If there is a DAB in place, you might raise the problem with them.  Incidentally, have you asked the Engineer why he is delaying certification?

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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 . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest bidder, it's well to add something for the risk you run.
And if you do that, you will have enough to pay for something better.
. . . John Ruskin (1819 - 1900)
"We are too poor to buy something cheap"
.Romanian Proverb 2002
A lean compromise is better than a fat lawsuit. George Herbert (English poet 1593-1633)
I said it in Hebrew, I said it in Dutch,
I said it in German and Greek:
But I wholly forgot (and it vexes me much)
That English is what you speak!" Hunting of the Snark - Lewis Caroll
Match your presentation to the reader!
The joy of food lasts but an hour, of sleep but a day, of a woman, but a month, but the joy of a building lasts a lifetime. Syrian proverb.
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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