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Construction Law/FIDIC Yellow Sub-Clause 4.10


Hello Mr. Dowse,

A large design and build project in Africa using the FIDIC Yellow form has thrown up an interesting possibility in respect of Sub-Clause 4.10 [Site Data]. The water for the Works may be from a borehole if the local authority supply is not sufficient. However the borehole water is not fit for consumption in it's current state. Treatment will be required. Whilst the supply of local authority water is not constant, and the Contractor would have been aware of this at tender stage, would it be deemed practicable that the Contractor should have taken and tested a water sample during the tender stage? I appreciate the Clause refers to Cost and time in relation to what is practicable, but I would appreciate some feedback nonetheless.



Dear Brian,

Thank you for this question.

Can I ask that thou e-mail me directly ( as I have a few points to raise which may be better addressed away from this forum.

I hope that this assists you.

Kind regards,
John Dowse
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John Dowse


Legal; contract interpretation; quantum; delay analysis. Practitioner in arbitration, adjudication and mediation.


Thirty-three (33) years experience in building and construction, at all levels both within contracting and consulting organisations. Practising arbitrator, adjudicator, and mediator. Faculty approved trainer for the Chartered Institute of Arbitrators. Lecturer on construction contract forms and dispute resolution practices.

Chartered Institution of Civil Engineering Surveyors Chartered Institute of Arbitrators Institute of Directors Society of Construction Arbitrators

Various UK and International construction and legal publications.

LLB (Hons), Pg Dip (Legal Practice), MCInstCES MCIArb MIOD Barrister

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