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Construction Law/Omission of any Work from the Contract

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Question
QUESTION: Dear Sir,

Reference:Sub-clause 13.1(d) Fidic REd Book 1999

According to this sub-clause, it will be a Variation,

1. If the omission of any work is not getting done by others.

2. If such omitted work is getting done by others then what is it?
3. What are the entitlements of the Contractor pursuant to 1 & 2 above?
4. What are the applicable clauses with respect to this case.

I am pleased to receive the reply at your earlies
Thank you.

ANSWER: Dear Shanta,

Please find below answers to your questions.

2. Breach of contract
3. Depends on the wordings in your contract. Sub-clause 12.4 is appropriate. If the omitted work is given to another contractor, then you can submit claim for damages (e.g. loss of profit).
4. Sub-clause 12.4, Sub-clause 3.5, Sub-clause 13.1

Regards,

Jon Peralta

---------- FOLLOW-UP ----------

QUESTION: Dear Sir,
I am grateful, if you will clarify the following too.

1. If the omission of any work is not getting done by others, it is a Variation.
  In such a case, what is the compensation(I think the correct term is the "compensation". Please correct me, if I am wrong.) that the Contractor can demand?

If in this case also the said compensation is only the loss of profit, in the breach of Contract, can't the Contractor claim more than only the loss of profit?

2. When the omission will become a breach of Contract, is it possible to get it resolved, without following legal procedure, especially when the Employer is a Government entity?

3.In the above case, if it can be resolved Contractually, what is the clause applicable in red book 1998?

I hope, you will not consider this as a disturbance to you.

Thank you sir.

Answer
01. You can claim other than loss of profit alone but you have to substantiate it and prove. Say site overhead. Really depends on the cost incurred or to be incurred due to the omission of works.

02.Yes it is possible.

03. I think I already mentioned. SC3.5, 12.4, 12.3(if applicable) and 13.1

I suggest to hire someone who can help you there with your case and also to protect your contractual rights.

Regards

Construction Law

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Jonathan L. Peralta

Expertise

Questions relating to claims, Extension of Time, Variations, Interim Payment and delays utilizing FIDIC Form of Contracts.

Experience

Extensive experience gained from international contractors in Vietnam, Myanmar and the Philippines in various sectors including: infrastructures, marine works, civil and buildings.

Organizations
AACEI, U.S.A., Dispute Resolution Board Foundation,U.S.A., ASCE, U.S.A., PICE,Philippines

Education/Credentials
Bachelor of Science in Civil Engineering, Registered Civil Engineer in the Philippines

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