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Construction Law/Bespoke FIDIC contracts

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

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
Hi Sudantha
The standard FIDIC suite of contracts sets out the share of risk clearly and fairly.
Employers meddle with the text in an attempt to shift more of the risk onto the contractor.
Sometimes this has the reverse effect because unfair contract clauses often clash with local laws.
Things to look out for are:
Extension of time clauses - is the Employer exempt from awarding an EoT for his own default.
Notice Periods - are they too short.
Prolongation Costs - are they omitted.
Damages - are they set down or open.

Ambiguous wording will usually work against the Employer by the rule of contra proferentem

Wrong or misleading data in the tender documents are often ruled against the Employer and are sometimes even fraudulent.

The main rule is that if you spot something in the tender documents that you don't like you should point it out before the tender. You can always refuse to tender or add the increased risk to the tender price. No one will force you to sign an unfair contract.

Best regards
Mike Testro

Construction Law

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Mike Testro

Expertise

Anything related to extensions of time and delay analysis.

Experience

45 years in the Construction Industry 15 Years as a consultant delay analyst - I now hold myself to be expert in this field.

Organizations
Society of Construction Law Adjudication Society ex Planning Engineers Organisation

Publications
6 articles on the relevance of the India Contract Act 1872 and its relevance to modern construction in India. Waiting Publication

Education/Credentials
Associate Member of the Institue of Building

Past/Present Clients
Currently employed in India by Punj Lloyd as expert delay analyst. Engaged in ongoing arbitrations and EoT claims. Prior an Indepenent consultant in delay analysis.

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