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Construction Law/Care of the Works during Suspension

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Question
Dear Sir, my question is related to FIDIC Conditions of Contract 1987 reprinted in 1992. On a highway construction project, the contractor suspended the Works under sub-clause 69.4 due to non-payment of IPCs and resumed after a certain period of time. During the suspension period, damages occurred to incomplete shoulders. The question is that who will be responsible for rectification of above-mentioned damages that have occurred during the suspension period i.e. the Contractor or Employer? It is pertinent to mention that the Contractor has also launched Extension of Time & idling charges claim for the suspension period.

Answer
Dear Tahir
Hello!
I am taking the opportunity to reply your question. During suspension contractor will be responsible for any damage to the work during suspension period under the conditions of contract. Contractor will be responsible for rectification of damaged incomplete work during suspension period. EOT case may seperately evaluated by the Engineer.

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Sanjay Khandelwal

Expertise

I can answer related to the various construction contracts forms related with disputes and claims.Expertise in to evalute the extension of time,cost and profit claims.I can answer regarding the contract management in civil works.

Experience

I have the experience of construction industry, as a consultants,executor of construction activities of infrastructure development like road and buildings. I have the experience of various software related to design of highways and quantity evaluation.

Organizations
I am life member of Indian Road Congress,INDIA I am presently employed with M/s Lion Engineering Consultants,INDIA

Education/Credentials
My educational qualifications are as below: I am engineering graduate from MITS, INDIA,1987 I have completed my Post graduation from NIT,INDIA,2011

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