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Construction Law/FIDIC_Cascade Sub-Contracting

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Question
Dear Mr. Niculescu,

I would like to ask you whether FIDIC Conditions of Contract allow the cascade Sub-contracting.

Thank you.
Kind regards,

Enrico Odorisio

Answer
Dear Enrico,


Thank you for your question.

They definitely do not forbid that. Whatever goes between the Main Contractor / Sub-contractor / Sub-Sub-Sub .... - contractor has nothing to do with the Main Works Contract other than the fact that Main Contractor will be responsible for deeds of any such Sub .... Sub-contractor as if it would be under his direct sub-contracting

And, the Main Contractor must acquire approval for the Sub .... Sub-contractor just as for any of his direct Sub-contractors.

Hence, all sub...sub-contracting agreements, aside back-to-back conditions should somehow also include for that direct responsibility.

Nevertheless, mind you, local legislation or procurement rules may forbid such sub...sub-contracting, you need to check that too.

Hope that helps.

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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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