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Construction Law/Engineers approval of method statement and material submital sheet


Dear Mr. Elliott
I am working as a Engineer on a express road project. Contract is a MDB pink fidic.
Contractor submit to us method statements for all types of work with out request for them and he is very persistent and ask our approval. Should Engineer give approval, consent or MS are for information only. The same is for materials that he intends to use on the project.

Dear Gjorgji,

Clause 8.3 states 'Unless the Engineer, within 21 days after receiving a programme, gives notice to the Contractor stating the extent to which it does not comply with the Contract, the Contractor shall proceed in accordance with the programme, subject to his other obligations under the Contract.'  

Although this clause refers to the programme, the principle holds for all submissions, unless there is something in the Particular Conditions of Contract or the Specification.  Some contracts require the Contractor to submit materials for approval.  I hate to use the word 'approval' because it can dilute responsibility.  I use the phrase 'No objection subject to the following ......' or 'The submission appears to comply with the requirements of the Contract. This comment does not absolve the Contractor of his obligations and duties.'  

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Peter M. Elliott


First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol before submitting a question.


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Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')

Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation

B Sc(Hons) in Civil Engineering

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