Construction Law/Omission

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Question
QUESTION: Dear Sir

According to the 1999 FIDIC Red book, if the Engineer instructs an omission of any work, then we have to follow either Sub-Clause 12.4 or Sub-Clause 13.3.

Please advise me with reason.

Br

Sudantha

ANSWER: Dear Sudantha
Omission is instructed pursuant to Sub-clause 12.4  and since omission is considered as variation, you have to go through the variation Procedure (sub-clause 13.3).
In addition to the above Sub-clause 12.3 should also be checked to ensure that the omitted value does not violate the conditions stated in this sub-clause. If violation exist, then the contractor would be in a position to negotiate a new price for the omitted item/items.
CHEERS

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

QUESTION: Dear Sir

Thanks for the answer.

If the omission cause abortive work, then how the contractor recover the cost for the same, whether under Sub-Clause 12.4 or Sub-Clause 13.3.

If the abortive work cause due to the revised drawing issued with site instruction, then to demolish/remove the abortive work, whether separate instruction required, or already issued instruction enough?

Br

Sudantha

Answer
Dear Sudantha
In such case, the Contractor shall give notice to the Engineer stating all the losses that he has incurred or he might incur due to the said omission. The Engineer shall proceed to   Determination according to Sub-Clause 3.5 [Determinations].
CHEERS

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