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Construction Law/FIDIC bespoke contracts

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Question
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 Mr. Sudantha,

Thank you for your question and in response can only provide following comments in general.

(a)  We have to first decide whether we are near FIDIC 1987 or FIDIC 1999 as they have quite a different approach even if we are following a bespoke contract format. For example, if your bespoke contract is somewhat based on FIDIC 1987, I will specifically check following Clauses.
Clause-2.1 to 2.3,
Clause-3.1, 4.1, 6.3, 7.2, 14.2, 14.4, 20.1,
Clause-36.1, 40.1, 40.2, 41.1, 42.1,
Clause-44 and 48
Clause-52, 53, 56, 58, and 60
Clause-63, 67, 70

(b)  This is a very general question and can not be commented easily unless a specific scenario is in view.

(c)  Here my reaction is similar to what I have said under (b) above.  

With above, I feel I have been able to give you some thoughts to elaborate more specifically under sub-para (b) and (c) above to complete my comments.

With Best Wishes,

Regards,
Liaqat Hayat

---------- FOLLOW-UP ----------

QUESTION: Dear Sir

If the bespoke contract is close to 1999 FIDIC Red book, then what clauses we have to check, and could you give the reasons also.

Br

Sudantha Payoe

Answer
Dear Suhantha Payoe,

Thank you for coming back with another query. In case of FIDIC 1999 nearness, I would particularly take care in writing and making provisions against following clauses:

Clause-1.7 & 1.9
Clause 2.1 & 2.5
Clause 3.1, 3.2 & 3.3 also 3.5
Clause 5
Clause 8
Clause 12
Clause 13
Clause 20

Hope this will be of assistance to you.

Regards & Best Wishes,
Liaqat Hayat

Construction Law

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Liaqat Hayat

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I can answer questions based on FIDIC 4 and FIDIC 1999 [design-build] with particular reference to time extension , price adjustment and disputes. I am in particular more inclined for response to points pertaining to how claims should be framed and put up in case of technical or other contractual shortcomings. Regarding procurement matters I have spent over 5 years as procurement specialist for highway authority and dealt with numerous claims and disputes in the capacity of "The Engineer" .

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