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Construction Law/Starting works without access to site notification


Dear Mr. Niculescu,
We are starting a construction project in Bosnia (Fidic Red BOOk 1999)and we already received the Commencement Date. We were supposed to receive also the Access to site but it seems that the Employer has some issues with some expropriation for a small plot. Therefore, the Employer has the interest to start the works as soon as possible and wants to sign an agreement with us, to receive the Access to the site 70 days after the Commencement date, waiving our right for any Claim related to this delay.  As we agree with this request we would like to know if we can really start the works and access the site before receiving a formal Access to Site. I shall mention that the agreement only mentions that the Access of site will be given in 70 days after Commencement Date and that the Constructor will not issue any Claim with regards to this.

We have requested the Employer to give us a partial access to the site (excluding the access for the plot with issues) but they replied to us that taking into account sub-clause. to the Tender-"" Sections- works are not divided into sections- they can not give a partial access to the site. Is their interpretation correct regarding the Sections? Is it wise to sign this agreement and start the works without the proper access to site?

Many thanks,

Dear Ramona,

Thank you for your question.

I strongly suggest you do not follow that path, as if you sign such a paper you waive any right in respect of delayed access to Site.


As for Employer's interpretation, it is totally wrong, Parties can always agree to split the Site in sections, in any way they like.

Hope that helps

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Questions related to Civil Engineering Contracts, using FIDIC or other Conditions of Contract, concerning Procurement procedures and documents (pre-qualification, tendering and contracting) and Services/ Works Contracts implementation matters including Determinations, Payments, Time Extensions, VOs, Claims/Disputes. Additionally, questions related to dealing with International Financing Institutions. Can also answer questions in Romanian. Can not answer improperly formulated questions.


Over 20 years of experience in the field of design, works supervision, construction, management of aid funds and technical assistance for various types of contracts implementation, including severe conflictual contractual situations leading to Claims and disputes. Claims/ Contract management, Disputes adjudication, Arbitration.

Member of Romanian Professional Association of Roads and Bridges; Listed on President's List of Adjudicators of Romanian Association of Consulting Engineers Former member of the Disputes Resolution Board Foundation (DRBF) of United States – nominee on DRBF President’s Disputes Board Members List and of DRBF Chapter for Eastern Europe Former member of Polish Association of Consulting Engineers (SIDiR) – nominee on SIDiR President’s Disputes Board Members National List Member of “” volunteers pool Member of the "Constructions Disputes Resolution Services” International Panel of Construction ADR Specialists" of United States

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