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Construction Law/Removal of Contractor's Personnel

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Question
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?

Regards

Answer
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

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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 www.eotprotocol.com before submitting a question.

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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
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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')

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Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation

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B Sc(Hons) in Civil Engineering

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