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Construction Law/Clause 8.3 of FIDIC 1999


Peter M Elliott wrote at 2007-12-15 05:26:31
The clause 8.3 programme is not a contractual document unless so stated in the Appendix to Tender or Particular Conditions.  The Employer should have stated any restrictions on working hours or closed periods during the winter in the Appendix to Tender.  No restrictions, no obligation Engineer due to the Employer's failure to state those restrictions

Barry Amoroso wrote at 2008-10-26 05:41:31
This comment may be a bit late.

I agree with Bogdan Oprea's general analysis, however, his last paragraph may not be totally correct. It is correct if the Employer and the Engineer are different parties and the Engineer accept/approves the programme (privacy of contract). If the Employer and the Engineer is the same party, then I would assume that The Engineer (in this case also the Employer) accepts the programme, it would become a contractual document (Employer & Contractor).  

Ray Morgine wrote at 2014-12-09 14:02:41
Mr Bogdan, with all due respect, your response is plagiarized from Daniel Atkinsons's site.  At least have the courtesy to cite the reference!  

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Bogdan Oprea


I can answer to claims assesments under FIDIC 4 and under FIDIC red book; I can answer to procedural issues under FIDIC rules; DAB implementation DAB procedures, etc


8 years in consulting companies, road contracts (rehabilitation and new) more than 250 Milion Euro supervision Contracts

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