Construction Law/SCL 13.1 (d)

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Question
Dear Sir
FIDIC 1999

According to the SCL 13.1 (d) omission of any work cannot be carried out by others.

If the Employer give any omission of work to the other contractor, then the main contractor is entitled either only profit or profit and overhead.

Under what Clause the above compensation is entitled?

Br

Sudantha

Answer
Dear Sir,
Thanks for the question
Such an omission entitles the contractor to compensation for the costs under clause 12.4  for the reasonably incurred  in the expectation of carrying out the work subsequently omitted.In your case, the overhead is partially incurred in my opinion and is to be substantiated yet and so is profit as part of compensation 'cost' (and not 'Cost') .So in my opinion, itcan be inferred that contractor is entitled for both i.e. profit as well as overhead lost due to omission.
Regards-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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