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Construction Law/Getting omitted work by some others


Dear Sir,

Ref.FIDIC Red Book 1999
   Sub- clause 13.1

As I am aware, if omitted work is getting down by other/s, it is a breach of Contract.

1.0 In such a case, can the Contractor claim damages direct from the Employer, without taking legal actions?
2.0 For which, is there any Contractual provision pursuant to a specific clause?
3.0 What is the damage the Contractor can claim, if he has not done any work so far on that omitted item?

Thank you sir.

Dear Shantha,

Thanks for your question.

Yes, according to FIDIC Red Book 1999, employer is prohibited to omit works in the Contractor's scope for others to execute and as you have rightly said, if the employers do so, he would be breaching the contract provision and in such instance, the remedies available to the Contractor are:

1. Making claims (without taking legal actions) under clause 20.1 for any losses or cost incurred that cannot be recovered in the Contract Price.
2. Yes, the contract provision is based on Clause 20.1
3. The damages would depend on upon what the Contractor suffered as a loss or as additional cost incurred which is a result of that omission for others to execute. This could include loss of anticipated profit, loss of unrecovered overheads, other economic and business losses. But of course, like all other contractual claims, the contractor's claims must be properly justified and supported for valid entitlements.



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Femi Alofe


I can answer all questions relating to the followings: 1. Contract Administration - variations, contract clauses interpretation, all post contract procedures, valuations and certificates questions, extension of time issues and prolongation cost matters. 2. Contract Practice - Any questions regarding forms of contract like JCT, FIDIC & other Bespoke forms. 3. Quantification, measurements and Estimating questions 4. Contracts and construction law questions and dispute resolutions problems. 5. All FIDIC Conditions of contracts


Out of my 24 years experience in construction industry, i have the following specific experience: 1. Contract Administration - 15 years in contract administration with over 10yrs in Managerial positions covering africa and the middleeast. 2. Contract Practice - 15 years experience with over 10yrs in Managerial and expert positions covering africa, north america and the middleeast. 3. All pre-contract procedures, Tendering, Quantification, measurements and Estimating questions - 20 years experience. 4. Contracts and construction law questions and dispute resolutions problems - 15 years experience with over 10yrs in Managerial and expert positions and 5 years expert witness and active practice in arbitration proceedings covering africa and the middleeast.

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