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Construction Law/Remeasure Contract to LS Contract

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Question
Dear Sir

If 1999 FIDIC Red Book will be used for the Lump Sum Contract, then what clauses we have to delete/amend & how the substituted/amended clauses shall be appeared.


Br

Sudantha

Answer
Dear Sudantha,


Thank you for your question.

Don't get me wrong, but I always believe I seen them all, until someone else manages to astonish me again!!!

Why would you use the Red FIDIC for a Lump Sum Contract?! I'll try answering below to your question, but you may wish to clarify that to me, so I can give a better answer.

You'd need to modify first the Clause 12 Evaluation and Clause 14 Payment.

Depending on your actual reason for that choice, you may need to modify other Clauses, you may need to look at other Clauses too. As indicated, please provide your reasons, so I can improve my answer accordingly.

As for "how" to amend these Clauses, I am afraid that volume of work required for fully answering that exceeds the limits of a regular answer on this site and you'd rather need to hire me, or someone else, to do that job for you.

Why don't you simply use the Yellow FIDIC?

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Florin NICULESCU

Expertise

Questions related to Civil Engineering Contracts, using FIDIC or other Conditions of Contract, concerning Procurement procedures and documents (pre-qualification, tendering and contracting) and Services/ Works Contracts implementation matters including Determinations, Payments, Time Extensions, VOs, Claims/Disputes. Additionally, questions related to dealing with International Financing Institutions. Can also answer questions in Romanian. Can not answer improperly formulated questions.

Experience

Over 20 years of experience in the field of design, works supervision, construction, management of aid funds and technical assistance for various types of contracts implementation, including severe conflictual contractual situations leading to Claims and disputes. Claims/ Contract management, Disputes adjudication, Arbitration.

Organizations
Member of Romanian Professional Association of Roads and Bridges; Listed on President's List of Adjudicators of Romanian Association of Consulting Engineers www.aric.org Former member of the Disputes Resolution Board Foundation (DRBF) of United States – nominee on DRBF President’s Disputes Board Members List www.drb.org and of DRBF Chapter for Eastern Europe http://dabdrb.googlepages.com Former member of Polish Association of Consulting Engineers (SIDiR) – nominee on SIDiR President’s Disputes Board Members National List http://www.sidir.pl/sidir/index.php?action=czlonkowie&a2=r Member of “AllExperts.com” volunteers pool http://www.allexperts.com/user.cgi?m=4&expID=85358&catID=914 Member of the "Constructions Disputes Resolution Services” International Panel of Construction ADR Specialists" of United States www.constructiondisputes-cdrs.com

Education/Credentials
- Graduate in 1994 the Construction Institute - Graduate of several FIDIC,Procurement and other courses - Graduate of first Disputes Board Members Mentoring Scheme (http://www1.fidic.org/resources/adjudicators/pupilage.html) - FIDIC Accredited Adjudicator

Past/Present Clients
- Several State organisations/Ministries , such as Ministry of Transport, National Admistration of Roads, Ministry of Regional Development (former Ministry of European Integration), Public Works and Housing, Central Contracting and Financing Unit in Romania and also in Turkey, Croatia and Macedonia - Numerous Western based private consultancy companies - full CV and other relevant information available at www.abinitio.ro

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