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Construction Law/Amended FIDIC Contract

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Question
Dear Sir

Could you advise me the procedure to check the appropriateness/applicability of the Sub-Clauses when drafting  the


FIDIC bespoke contracts (to prevent ambiguity and arise of the potential claims).

a. Specially what Sub-Clauses we have to scrutinize

b. Most probable wrong/ambiguous wordings

c. Wrong inclusion of data in the Appendix to Tender

Please give your advise based on your past experience in contractual,
technical and procurement aspects.
Br

Sudantha

Answer
Dear Sudantha
FIDIC conditions are very well studied and balanced conditions. When you try to amend them you need to be carful so that such amendments don't backfire. It is sometimes normal for Employers to ask for removal of all Contractors right from the text but this would be a good recipe for disputes and claims.
Best thing to do is to control your requirement with in the allowed changes in the Appendix to Tender or have some body really experienced in Construction and Contract law do you bespoke Conditions. This can save you a lot of expenses and troubles at a later stage.
Cheers

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Wael Ghadban

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Will respond to queries related to Engineering Contracts subject to FIDIC or other Conditions, tendering and contracting, project management, residential and commercial construction, and general Civil Engineering questions. Can answer most questions related to aviation and airports as related to the Airports, Facility management.

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Project construction and Management Civil Aviation - Airports Airport Pavement Design and Use Residential and commercial construction ICAO and FAA regulation

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MS Civil Engineering

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