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Construction Law/Delayed payment for second and third installment of advance payment

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Question
Dear Alina,
Hello, I am Farzad Gooya from Iran. I am project manager in a dam project in north of Iran. First I appologize that my English language is not good enough. I work for a construction company named Ev-Yol that is project contractor.
I have a problem with our Engineer and Employer about delayed payment of 2nd and 3rd installment of advance payment in our Design and Built contract.... Clause 14.7 & 14.8.
Engineer says that in 14.7 is not mentiond about installments except the first. So no delayed payment shall be charged to contractor.
I ask you some instruction about this prblem and how I can get the Engineer agreement.
Best Regards,
Farzad Gooya

Answer
Dear Farzad,
For the first installment of the advance payment, the Sub-clauses 14.7 (a) and 14.8 will apply. For the second and third installments of the advance payment, the Sub-clauses 14.3 (d), 14.6, 14.7 (b) and 14.8, therefore 14.7 and 14.8 are applicable.
Hope it helps.
Best regards,
Alina
P.S.: Your English is very good - at least for the contracts' purposes. My mother tongue is not English, either, but I guess we are able to communicate well enough. All the best in your project!

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Alina Valentina Oprea

Expertise

I can answer to questions regarding FIDIC 1999 contracts, including practical use of these conditions of contract, as well as to questions regarding dispute boards, both from theoretical and practical point of view. I cannot answer to questions related to other kind of contracts or to procurement process, except to some (limited) extent.

Experience

Implementation of works contracts (FIDIC 1999) financed by different financial institutions, including European Union; claims and disputes; dispute boards See more on www.alinaoprea.com

Organizations
Dispute Resolution Board Foundation

Publications
see http://alinaoprea.com/publications/ ; DRBF Forum Newsletter; Drumuri si Poduri; Revista Constructiilor; SIDiR Newsletter

Education/Credentials
Graduated the University of Civil Engineering Bucharest, Faculty of Railways, Roads and Bridges (1985-1990); Trained under Mr. Gwyn Owen’s pupilage program for arbitrators/adjudicators under FIDIC mentoring program (2006 – 2007)

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