Construction Law/PS


Dear Sir

According to the FIDIC 1999 Red Book, SCL 13.5 (b), the Contractor shall insert his percentage for adjustment of PS in Appendix to Tender.

However in the BOQ also has a provision to insert his attendance fee and OH&P, based on PS amount.

Therefore during the post contract stage, what method the PQS has to pay to the Contractor, either in accordance with Appendix to Tender or BOQ.



Dear Sudantha,
Thanks for another question but I am not very clear on the question asked but i will try a general response.
When there is a choice between two approaches,i would prefer to adopt one with more clarity and details.PS is can only be claimed with Engineer's instruction and is a lump sum provisional amount which  is earmaked for an item for which full detailng is not available  at tender stage .
I feel Scl 13.5(b)will be a better choice
Regards-liaqat hayat

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Liaqat Hayat


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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