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Construction Law/Questions Answered by Expert Ashish Gurav
| Subject | Date Asked |
| Extention in Time | 5/26/2012 |
| Q: The Engineer is not bound to make any determination of claims for Ext in time if the claim is not ... A: As per FIDIC 1987, if the claim is not made within the stipulated time, i.e. 28 days, the Engineer ... | |
| Advance payment recovery | 5/4/2012 |
| Q: We, as the main contractor, received a advance payment, amount of 15% of contract value, at the ... A: What is the exact clause of recovery of advance paid? If it states a time limit by which the advance ... | |
| Prime cost sum | 4/30/2012 |
| Q: Our contract with our Client has many prime cost itms defined for ceramic and marble tiles. During ... A: We need to see the Technical Specifications for the treatment of wastages in this contract. It is ... | |
| Cl 4.12 Unforeseeable Physical conditions- clarification | 4/20/2012 |
| Q: I am working for road project under FIDC harmonized edition 2006. I need a clarification on the Cl ... A: Unforeseeable physical conditions have a wide ambit under FIDIC and cover subsurface, hydrological, ... | |
| Liquidated Damages | 4/16/2012 |
| Q: Can the LD be deucted from Running Bill when Provisional Extension has been granted without ... A: Your query can be answered only after looking at the clauses granting extension of time and clauses ... | |
| Mobilisation advance | 4/8/2012 |
| Q: What precautions should be taken to check misuse of mobilisation advance by civil contractors. Can ... A: Mobilisation advance misuse can be checked by properly putting the terms of monitoring the usage in ... | |
| Relationship Between Nominated Sub-contractor and Owner | 4/6/2012 |
| Q: Owner through an amendment to main civil contract appointed Nominated Sub-contractor for Post ... A: A nominated subcontractor is only different from a normal subcontractor in the fact that he is ... | |
| Claims from Employer | 3/27/2012 |
| Q: In a contract for supply of tiles on terrace the contract specified use of typical tiles which were ... A: First and foremost, the Client had specified the Manufacturer only, the responsibility for getting ... | |
| Discrepancies in Sub-Contract Agreement p | 3/25/2012 |
| Q: Location: UAE Contract: Bespoke (sub-contract) based on FIDIC Main Contract: FIDIC 1987 4th edition ... A: I shall answer the questions point-wise. Q.1 - Even if there is a general disclaimer as you have ... | |
| CLAIMS after FINAL BILL | 3/20/2012 |
| Q: Ashish, I have taken up a project recently which has completed and we are discussing the final ... A: Once the Final Bill is submitted, although not approved, it reflects the entire amount that is due ... | |
| construction - extension of time | 3/9/2012 |
| Q: If the architect has rejected claim to a 10 week extension put in at the practical completion date, ... A: For answering this question, we need to know the dispute resolution clauses as well as the LD clause ... | |
| extention of time - fidic 1999 | 2/1/2012 |
| Q: In a item rate construction contract, employer has already agreed and granted extention of time. ... A: We have to see under what heads and for what milestone the extension of time is granted. If there ... | |
| Deductions. | 1/27/2012 |
| Q: We are into a Railway Project governed by FIDIC Red bbok 1987.My question is: Can any deductions by ... A: As per Fidic, you have to understand that all interim monthly payments are merely adhoc payments and ... | |
| performance bond and contract sum | 1/19/2012 |
| Q: What happens to the performance bond premium factored/included into the contract sum when the ... A: By agreeing to use 10% retention money in place of a performance bond, after award of work, both ... | |
| Claims for variations for a lump sum contract signed under fidic 1992 | 12/21/2011 |
| Q: I have a querie I hope you can help me with. I am an owner representative in a construction project, ... A: You have mentioned that it is a Lump Sum Contract. But you seem to have specified the Quantities of ... | |
| PC RATE | 12/15/2011 |
| Q: I am working with a construction company as QS.Manager on a project which is administrating with the ... A: As far as I understand from your query, the material that is to be supplied by you is to be chosen ... | |
| Construction Law | 12/12/2011 |
| Q: FIDIC Contract MDB version 2006 Access to site The contract was awarded for completing the balance ... A: According to the details made available by you, my opinion is that the Contractor is NOT entitled to ... | |
| Re-measured Contract | 12/10/2011 |
| Q: I am currently working on a Project with a Re-measured Contract. I am working with the Contractor. ... A: You have check the priority of documents given in your Contract. In case of any discrepancy between ... | |
| Delay Payment | 12/7/2011 |
| Q: "Bid date: May 10, 201 Mobilization Advance 10% of Contract i-e: 169.947 Million Against Bank ... A: In absence of complete details, I can only advise that the claim should be made in the form of an ... | |
| Time extenstion | 12/4/2011 |
| Q: The employer was short of budget for five months, and two payment certificates were delayed for more ... A: If the Employer has delayed payment for being himself short of finances, then this may be considered ... | |
| Delay Payment | 12/3/2011 |
| Q: "Bid date: May 10, 201 Mobilization Advance 10% of Contract i-e: 169.947 Million Against Bank ... A: As per the Contract, you are entitled for interest on delayed payments if the payments are not made ... | |
| reduction in scope | 11/18/2011 |
| Q: In our Sub contract, certain items have been removed through amendments to contract.One item shall ... A: First and foremost, we need to see the Contract clause regarding Variations as it pertains to your ... | |
Construction Law
Answers by Expert:
Ashish Gurav
Top Expert on this page
Expertise
I can answer queries related to Construction Contracts, Claims, Dispute Resolution Mechanisms.
Experience
I have nearly 19 years experience in Construction Contracts, ranging from mega infrastructure projects to residential buildings and commercial complexes. I have worked with major construction companies in India and now I have my own consultancy firm.
Education/Credentials
BE Civil, MMS (Finance), CFA, BGL
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