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Construction Law/Removal of Contractor's Personnel


Dear sir,

Under the FIDIC 1999 - Red Book, if the Employer requires that a certain person be REPLACED, does this mean that he is not allowed to be on site?. For Example, if the Employer requested the Contractor to replace his Project Manager, Is the PM allowed to stay in the offices of the Contractor as an internal adviser or is the Employer allowed to deny him access to site?


Dear Bilal,

You have a problem.  The wording of clause 6.9 says that 'The Engineer may require the Contractor to remove (or cause to be removed) any person employed on the Site or Works, including the Contractor’s Representative...'.  It does not say replace.  Your PM has obviously upset the Employer.  It happens all the time.  His presence on site will continue to be an irritant and cause for dispute.  I suggest that you remove him to Head Office, well away from the site, if you wish to use him as an internal adviser.  Better would be to move him to another site if you wish to retain him.  

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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.


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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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