Construction Law/IPS submission Date


Dear Sir!

We are working under FIDIC 1987. In particular conditions of the Contract, it is written that the Contractor will submit Satellite imagery along with his monthly IP Statement as per clause 60.1. We did not submit the satellite imagery with the 1st IP Statement due to some reasons. The Employer returned back IPS on this plea. Is his action right? Our argument is that the Engineer's staff monitored all execution at site and we provided all relevant data and supporting documents to verify the works. We gave them pictures and videos of work execution as well. But the Employer is saying that he will consider the date of submission of IP Statement when you will full fill contractual requirement mentioned in particular conditions that you will supply us satellite imagery with IPS. Kindly guide us.


Thank you for your question.

I do not have at hand the '87 Book, but as long as there is no provision in the Contract saying that Engineer is entitled to withheld issuance of a Payment Certificate in absence of such satellite imagery, the Employer has no ground for his action.

It might be the case that respective Sub-Clause indicates that a Payment Application is to include among others the satellite imagery, which indeed, can be construed as a requirement, but as long as no specific indication of that being a reason for not issuing an IPC, it is not enough.

Hope that helps, but if any further queries, please send the text of Sub-Clause 60.1, as included in your Contract, including eventual amendment in the Particular Conditions.  

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Questions related to Civil Engineering Contracts, using FIDIC or other Conditions of Contract, concerning Procurement procedures and documents (pre-qualification, tendering and contracting) and Services/ Works Contracts implementation matters including Determinations, Payments, Time Extensions, VOs, Claims/Disputes. Additionally, questions related to dealing with International Financing Institutions. Can also answer questions in Romanian. Can not answer improperly formulated questions.


Over 20 years of experience in the field of design, works supervision, construction, management of aid funds and technical assistance for various types of contracts implementation, including severe conflictual contractual situations leading to Claims and disputes. Claims/ Contract management, Disputes adjudication, Arbitration.

Member of Romanian Professional Association of Roads and Bridges; Listed on President's List of Adjudicators of Romanian Association of Consulting Engineers Former member of the Disputes Resolution Board Foundation (DRBF) of United States – nominee on DRBF President’s Disputes Board Members List and of DRBF Chapter for Eastern Europe Former member of Polish Association of Consulting Engineers (SIDiR) – nominee on SIDiR President’s Disputes Board Members National List Member of “” volunteers pool Member of the "Constructions Disputes Resolution Services” International Panel of Construction ADR Specialists" of United States

- Graduate in 1994 the Construction Institute - Graduate of several FIDIC,Procurement and other courses - Graduate of first Disputes Board Members Mentoring Scheme ( - FIDIC Accredited Adjudicator

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