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Construction Law/Questions Answered by Expert Florin NICULESCU
| Subject | Date Asked |
| the scope of performance and retention bond | 5/17/2012 |
| Q: let say performance bond (PB) is 10% and retention bond (RB) is 10%, and the PB is for the ... A: You did not indicate what type of Conditions of Contract are you using, nor if you're the Employer ... | |
| PC Rate | 5/2/2012 |
| Q: when a purchase price is specified in the boq the said item will be based on PC rate. the question ... A: I am not sure I got your point, firstly, what is "PC rate"? Are you using Red FIDIC '99, or other ... | |
| Variation of Nominated subcontractor | 4/27/2012 |
| Q: Our project is using Fidic 1999 red book for contract. We had a NSC (call "NSC1") under main ... A: for some unknown reasons, your question only reached me today. If I understand correctly, you have ... | |
| Suspension of works | 4/23/2012 |
| Q: Good evening. I represent the company which supervises the project. Yesterday the contractor ... A: Firstly, I would like to know what Red FIDIC are you using, 87/ 92, or '99? 1. In respect of access ... | |
| Lump Sum item | 4/21/2012 |
| Q: I am contacting you to inquire about an issue related to the Lump sum Item ، the item in Bill ... A: Firstly, if you (engineer) approved something less than required in the Contract, you'll have to ... | |
| best percentage of penalty for delay of completion | 4/12/2012 |
| Q: Florin We are an electrical company using a revised Standard Conditions based on FIDIC 87/92 the ... A: No problem about the name, this kind of gender mistakes are quite often. 1. In respect of ... | |
| best percentage of penalty for delay of completion | 4/12/2012 |
| Q: Florin We are an electrical company using a revised Standard Conditions based on FIDIC 87/92 the ... A: Firstly, it's "Mr.", not "Mrs.". Secondly, there is no clear recipe for such amounts. In respect ... | |
| Interim Payment Certificate after Completion Date of Project. | 3/29/2012 |
| Q: I would like receive your advice on the following. We are the Supervision Consultant for a Project ... A: Based on provided information I understand that: - time for completion expired on 26 Dec 2011; - ... | |
| Interest on Retention | 3/28/2012 |
| Q: Here I am attaching relevant clauses: 16.3 Payment Due; Payment withheld or Deferred; Interest ... A: Yes, I think I was right in the first time. Retention Money are becoming due as per 16.4, and are to ... | |
| Question on variation works | 3/20/2012 |
| Q: Please advise what action should take if contractor refuses to carry out variation works until his ... A: The Contractor has no right to refuse or delay execution of a VO. Firstly, draw their attention ... | |
| Variation and new contract sum | 3/3/2012 |
| Q: I represent the Client under FIDIC orange Book. A contract for the construction of a landfill was ... A: Based on provided information, it seems the Employer definitely, reserved the right, from the very ... | |
| adverse weather | 3/2/2012 |
| Q: I hope you are fine after this long winter. Now on the subject. Due to this winter conditions which ... A: There is nowhere defined a standard period, but that is on each Contractor to come up with historic ... | |
| adverse weather | 3/1/2012 |
| Q: I hope you are fine after this long winter. Now on the subject. Due to this winter conditions which ... A: I am quite fine, as I've actually missed that winter. I am in Skopje, Macedonia, since 8th January ... | |
| Notices | 2/28/2012 |
| Q: Just a general query on notices, If I submit a notice within the required time period, say 14 days ... A: Good to hear again from you. Assume you're talking about FIDIC '99. You are to submit the ... | |
| Breach in contract due to non payment of interim certificate | 2/11/2012 |
| Q: Can an employer breach of contract due to non payment of interim certificate in the specified time ... A: You did not mention nit even the type of contract you're using, let alone what your contract says in ... | |
| Clause 14 programme | 2/8/2012 |
| Q: Florin, Further to the query I had earlier, we also have issues with the Clause 14 programme. ... A: In general, you can not claim for something that did not occur yet. When something occurs, you need ... | |
| Advance Payment | 2/8/2012 |
| Q: FIDIC 87' variant. I am the Main Contractor. We were late in submitting our requisite deliverables ... A: Glad to hear from you, but regret to learn you're facing such problems. Based on provided ... | |
| Reducing the supply scope | 2/1/2012 |
| Q: Touching base with you after a long time. I still recollect the help extended last time around. ... A: In that case, I am afraid you have little if any option, but to be at Employer's disposal and do ... | |
| Reducing the supply scope | 1/31/2012 |
| Q: Touching base with you after a long time. I still recollect the help extended last time around. ... A: Indeed, did not hear from you since long, good to hear again! Glad I could help then. Firstly, what ... | |
| Contractor to bear travel costs | 1/24/2012 |
| Q: Where is it usually stated in contracts where the Contractor is responsible for the cost of the ... A: I am in the office, if needed, I can try searching more during the evening, but since you have that ... | |
| Contractor to bear travel costs | 1/24/2012 |
| Q: Where is it usually stated in contracts where the Contractor is responsible for the cost of the ... A: glad to hear again from you. Right now I am in hurry to the office, so can not search for you, but ... | |
| Feasability study | 1/17/2012 |
| Q: please advice me how to do the Feasability study for a new construction project, what are the main ... A: Obviously, I can not give a full course on how to prepare a Feasibility Study within the context of ... | |
| Contemporary Records | 1/9/2012 |
| Q: FIDIC subclause 20.1 [Contractors Claims] It states that "the Contractor shall keep contemporary ... A: Indeed, Employer was highly unreasonable, can only hope you did not let them go and pursued a claim. ... | |
| Contemporary Records | 1/9/2012 |
| Q: FIDIC subclause 20.1 [Contractors Claims] It states that "the Contractor shall keep contemporary ... A: To answer, I need to look at it from both contractual perspective and also from the point of view of ... | |
| Damage Claim | 11/23/2011 |
| Q: I am working with the Management Contractor who has a project that is near to completion. We are ... A: If I correctly understand, there is a Management Contractor, hired by the Employer, to ensure ... | |
| Termination of Contract - Valuation of material | 11/22/2011 |
| Q: As an employer we have given a construction contract based on FIDIC 1987, Version 1992 to a ... A: There should be in place a procedure for acceptance of materials/ equipments, which the former ... | |
| Notice of Delay, Notice to Claim and CLaim for EOT | 10/29/2011 |
| Q: We are the Engineer on a Project using FIDIC 99 firt Edition, with of course the particular ... A: I know in that region it was used until recently (and is still used), the FIDIC '97 or '92. '99 ... | |
| HOW TO GO FOR ARBITRATION | 10/21/2011 |
| Q: SIR, WHAT IS THE PROCEDURE TO GO FOR ARBITRATION,AFTER THE DAB HAS DECIDED THE MATTER AND THE ... A: Firstly, one of the Parties, or both, must issue a Notice of Dissatisfaction, as per Sub-Clause ... | |
| Preliminaries | 10/19/2011 |
| Q: I have a question about preliminaries. In the contractor's first valuation, The contractor asked ... A: If the Contract is Lump Sum, then you have to pay on that basis the prices for the executed works, ... | |
| Preliminaries | 10/19/2011 |
| Q: I have a question about preliminaries. In the contractor's first valuation, The contractor asked ... A: Firstly, I see there are two items, 1 and 3, both "Site Administration". Is that in the Contract? Is ... | |
| Advance Payment | 10/10/2011 |
| Q: FIDIC 99 Red Book. the Contract Sum is $100M of which an Advance Payment of 20% = $20M was paid to ... A: The normal way is to get an advance and as you describe it, to start recovering that amount through ... | |
| Partial Handover | 10/6/2011 |
| Q: We are using an EPC FIDIC contract. There is no sectional completion in the contract. The client now ... A: 1. As per Sub-Clause 10.1, taking over of sections is possible, but providing "the Works are divided ... | |
| FIDOC red or yellow | 10/6/2011 |
| Q: Please inform me about the criteria for selection between FIDIC red or yellow book. In which type of ... A: As the title of the books themselves are indicating, Yellow Book is for plants, installations, etc. ... | |
| additional cost in officially extended period by employer | 9/23/2011 |
| Q: Respected sir, i am working with contractor in Hyderabad,india for outer ring road project.our ... A: I believe you have identified quite a few headings and you'll probably have to do quite a ... | |
| FIDIC's applications | 9/21/2011 |
| Q: May I ask you please that; 1)what are the steps (by keeping in a safe side) must be followed up by ... A: Mehmet bey sellam, Thank you for coming back. 1. Once the notice issued, there is little you can ... | |
| FIDIC, termination of contract by Employer | 9/20/2011 |
| Q: Good morning, May I get your attention if a termination letter acc. to 15.2(b) of the GC in the ... A: What I meant was: - if your final payment application, respectively amount certified by Engineer ... | |
| FIDIC, termination of contract by Employer | 9/20/2011 |
| Q: Good morning, May I get your attention if a termination letter acc. to 15.2(b) of the GC in the ... A: Sub-Clause 15.2 is clear in that respect: "The Contractor shall then leave the Site and deliver any ... | |
| Fixed Price - No escalation - Project Delay | 9/14/2011 |
| Q: I am not able to put a follow up question so sending you new one on the same case. Hope you ... A: Welcome back! In my opinion you can explain the Employer the following: You have one single ... | |
| Interpretation Clasue 14.9 | 9/12/2011 |
| Q: I a project manager on a housing construction project. I have an issue with regards to release of ... A: Yes, your interpretation seems correct to me. If you're talking about a section, you estimate its ... | |
| Fixed price - No escalation | 9/9/2011 |
| Q: I have a simple question. In a fixed price(lump sum) contract which has no escalation clause, how ... A: seems to be my fastest working advice I have ever given. I am not sure I fully understood your ... | |
| not approved interim certificate | 9/8/2011 |
| Q: We are the main contractor of governmental jetty project in one of Africa's Country. Our Engineer ... A: Mehmet Bey Sellam, Tesekur ederis (sorry for misspelling) for your question. Firstly, there ... | |
| Fixed price - No escalation | 9/7/2011 |
| Q: I have a simple question. In a fixed price(lump sum) contract which has no escalation clause, how ... A: Let's clarify something: you asked about one single issue, i.e. escalation and my first reply refers ... | |
| Fixed price - No escalation | 9/7/2011 |
| Q: I have a simple question. In a fixed price(lump sum) contract which has no escalation clause, how ... A: That's a tricky problem and generally, many contractors are caught with that. I'd suggest however ... | |
| Sub Clause 18.2 (d) of FIDIC 2006 | 8/20/2011 |
| Q: "Employer Risk" is covered under Sub Clause 17.3 of FIDIC 2006, however, sub clause 18.2 (d) gives ... A: By "militancy", I understand armed militia/ military, etc shooting at each other while you're in the ... | |
| Sub Clause 18.2 (d) of FIDIC 2006 | 8/20/2011 |
| Q: "Employer Risk" is covered under Sub Clause 17.3 of FIDIC 2006, however, sub clause 18.2 (d) gives ... A: Invoked Sub-Clause 18.2 reads: ".... insurances under this Sub-Clause: .... d) shall also cover loss ... | |
| Engineer’s deduction form Contractor’s monthly statement | 8/17/2011 |
| Q: I am from the Contractor’s side and on one of our Road project, which is currently under ... A: Based on provided information: 1. I think the Engineer has no reasons to do that. If additional ... | |
| % of OH and profit to apply for Provisional sum when it awarded as a variation item under clause 58.2 a | 8/11/2011 |
| Q: I am QS in Construction Company from UAE. I would like to ask regarding Provisional sum item in BOQ ... A: Firstly, you need to look at definition of PS under 58.1, which says "The Contractor shall be ... | |
| site clarification request and variation order | 8/9/2011 |
| Q: Your answers are always good. Thnak you so much. I have two cases regarding site clarification ... A: Glad if I can help, welcome back. Not sure what SCR stands for ... 1. You need to check exactly ... | |
| variation order | 8/9/2011 |
| Q: This is for answer to your question. Your understanding is almost correct but I did not install the ... A: The point is: please check what the Contract says, that is what you have to do for the price you ... | |
| variation order | 8/9/2011 |
| Q: This is for answer to your question. Your understanding is almost correct but I did not install the ... A: I understand the first machine was clearly indicated from the beginning that it was to be installed ... | |
| variation order | 8/8/2011 |
| Q: The item in question is not shown in BOQ. The contract says that the item is within the scope of ... A: If the Contract specifically indicates an item is included in the scope of works, then it must be ... | |
| Preliminary and General items in construction | 8/2/2011 |
| Q: What are Preliminary and General items in Construction of classroom blocks.What items are referred ... A: These are generally for site organisation, consumables, expenses for phone, internet, cars, etc. ... | |
| Replacement of the Engineer | 7/12/2011 |
| Q: Sir, we are conducting a highway project in Pakistan using FIDIC 99 Red Book. The executive director ... A: Indeed, initiative of replacement belongs to Consultancy Company, therefore Employer has no duty to ... | |
| Main contractor is not processing our EOT claim | 7/8/2011 |
| Q: We are subcontractor (not nominated) with a back to back contract agreement with a main contractor. ... A: If your Subcontracting Agreement has included in it the Conditions of the Main Contract, then just ... | |
| Utility Relocation | 7/6/2011 |
| Q: My GCC is based on FIDIC 4th edition but immensely amended by "Conditions of Particular ... A: If I correctly understand your query only refers to that other contractor laying their underground ... | |
| Conditions similar to FIDIC | 7/5/2011 |
| Q: I work in a public company and according to the procurement rules, when it comes to evaluating the ... A: Do we know each other? That is a matter I am fighting against since long, because indeed, for not ... | |
| Employer Entailment to Deduct | 7/5/2011 |
| Q: In FIDIC 1987 and 1992 are there any clause give the Employer/Engineer the right to deduct from the ... A: Employer can not omit works for executing them by himself or by another Contractor - see Variation ... | |
| Subcontractor to raise copy of the claim to Eng/Owner | 6/17/2011 |
| Q: we are Subcontractor (not nominated) with a back to back contract agreement with the Main contractor ... A: 1. As long as you do not have a direct contractual relationship with Employer, you can only claim to ... | |
| Lump Sum Contract with Schedule of Prices & BOQ's | 6/16/2011 |
| Q: We are the PMC of a multi-use development project. The Client intends to go into a lump sum contract ... A: Indeed, if Lump Sum, o need for method of measurements or BoQs. And indeed if you want to include ... | |
| Lumpsum contract | 5/26/2011 |
| Q: As far as I know in a lump sum contract, a particular item in the boq can be ommited by the employer ... A: Firstly, under the original lump sum concept, there should be no BoQ at all. But Employers became ... | |
| Contract Law | 5/11/2011 |
| Q: what right does a tenderer have with respect to withdrawl of tender by the purchaser during the ... A: In general, under various public procurement legislations/ IFIs procedures, the tenderer can only ... | |
| VO for electrical work | 5/9/2011 |
| Q: I am working as project Quantity surveyor in villas project in west Africa. I am having civil ... A: It depends very much on actual subcontracting agreement, as any word may change everything. I ... | |
| Clause 20 Care of Works and Clause 21 Insurance of Works etc | 5/9/2011 |
| Q: Florin, I have a few questions relating to a FIDIC 1977 3rd edition contract, hopefully you can ... A: Indeed I am not familiar with that version, but let's try use some common sense - they used to do so ... | |
| Margin on EOT claim | 5/9/2011 |
| Q: Contract: Major works contract - ABIC MW-2008 3 Questions: a. Where can i download a standard copy ... A: 1. I am not familiar with that contract, probably a search with Google may help. 2. EOT in general ... | |
| Cancelling the termination | 5/5/2011 |
| Q: I'm working in Qatar in a project using fidic 4th edition The contractor sent a notice of ... A: In described situation, it is clearly the Contract is now closed and that's where Parties should ... | |
| applicable law | 4/30/2011 |
| Q: PRICE ESCALATION CLAUSE IN OUR CONTRACT IS NOT APPLICABLE DUE TO SHORT TIME FRAME FOR EXECUTION I.E. ... A: That is definitely not a case of price adjustment due to inflation, etc, but since that price ... | |
| provisional sums | 4/28/2011 |
| Q: what is the difference between the provisional sums and the day-work? A: As defined under FIDIC '99, Sub-Clause 1.1.4.10. "Provisional Sum" means a sum (if any) which is ... | |
| Preliminary and general | 4/26/2011 |
| Q: Define Preliminary and General. A: It would be good to have a few details on actual context of your case, but in general the two are ... | |
| price adjustment | 4/19/2011 |
| Q: I am working as a Resident engineer in a consultancy firm. We are executing contract based on item ... A: I am not sure I got your point as you did not specify the type of Conditions of Contract that you're ... | |
| FIDIC Variation | 4/18/2011 |
| Q: I am working on a Lump Sump project under FIDIC in the Middle East, The project is a Mall and ... A: Nothing can be removed/ added from/to Contract other than through mutual agreement of the Parties. ... | |
| FIDIC Variation | 4/18/2011 |
| Q: I am working on a Lump Sump project under FIDIC in the Middle East, The project is a Mall and ... A: I am not sure I clearly got your point, but please find below a few consideration that hope will be ... | |
| FIDIC Red Book 1999 Contract Extension Problem | 4/16/2011 |
| Q: We have red book 1999 conditions of contract in the contract funded by international funding. The ... A: Solution is relatively simple, providing you have some extra money available, prior December 2012. ... | |
| CLOSED CONTRACT | 4/11/2011 |
| Q: In my project we already did a close out amendment for the Contract to cover all items for good, ... A: I strongly believe that New Contract is a new contract and has nothing to do with the old one. ... | |
| Guarantees and Securities | 4/10/2011 |
| Q: I refer to specimen of Advance Payment Guarantee (APG) or Performance Security (PS)in FIDIC 1999 and ... A: Yes, based on provided information, your views are correct. As mentioned in my earlier response, ... | |
| Variation - Quantities | 4/6/2011 |
| Q: My fellow QS's are in confusion on which quantity to be used for change in type of finish for ... A: Firstly, please note Red FIDIC deals with re-measurable quantities, i.e. variable prices, while Lump ... | |
| Extreme increse in executed quantity | 4/6/2011 |
| Q: please give me our opinion about following i am quantity surveyor working with Engineer on Govt ... A: While the conclusion is straight forward, the Contractor has to execute the Works described in the ... | |
| Mobilisation vs Advance Payment | 4/5/2011 |
| Q: I am involved in a project which has recently issued invitations to tender. One of the documents to ... A: You did not quote what type of Conditions of Contract are you using, there may be something indeed ... | |
| Variation - Quantities | 4/5/2011 |
| Q: My fellow QS's are in confusion on which quantity to be used for change in type of finish for ... A: I confess I am somewhat puzzled: either you have a Red FIDIC Contract, either a Lump Sum one. If ... | |
| Negative Variation | 4/5/2011 |
| Q: The BOQ contains "Foundation works" description as follows 1. The Foundation details in the ... A: I understand you were given some orientative tender drawings, based on which you were to provide a ... | |
| claims | 4/4/2011 |
| Q: Extension granted based on no fault delay eg.adverse weather, etc. which party is responsible for ... A: I am absolutely delighted you find interesting and useful this discussion, rather than rating me ... | |
| claims | 4/4/2011 |
| Q: Extension granted based on no fault delay eg.adverse weather, etc. which party is responsible for ... A: though you still did not indicate which sub-clause was modified that way - which may make a big ... | |
| claims | 4/2/2011 |
| Q: Extension granted based on no fault delay eg.adverse weather, etc. which party is responsible for ... A: Based on provided information, let alone you did not indicate the Conditions of Contract you're ... | |
| Contract Termination | 3/31/2011 |
| Q: we are working under Fidic yellow pages contract. My client want to terminate the contract with ... A: It is very good that Client realizes his weak contractual position and can wisely seek a way out. I ... | |
| Contract Termination | 3/30/2011 |
| Q: we are working under Fidic yellow pages contract. My client want to terminate the contract with ... A: Just because the Contractor issues claims, that is not a reason for termination. Also high prices ... | |
| Clearing & Grabbing including unsuitable material or not | 3/28/2011 |
| Q: Please describe in detail clearing & grabbing item and another item unsuitable material or combine ... A: Please clarify what exactly are you looking for, context, type of contract, etc. Please re-phrase ... | |
| Request for clarification | 3/27/2011 |
| Q: please clarify what is the difference between recovery schedule and acceleration of schedule? i had ... A: Yes, in broad lines, that is correct. In case there was a bet, you won - don't forget, you owe me a ... | |
| refuse program schedule due to hide resorcess information | 3/26/2011 |
| Q: we are in the beginning of the project fidic 99 the contractor submitted the schedule and the owner ... A: Unless specifically indicated in the Particular Conditions or in the Appendix to Tender, Employer/ ... | |
| Sub Contracting | 3/25/2011 |
| Q: I am a civil engineer and presently work as a Asst.Manager-Engineering in local government in ... A: The answer should be in your actual Contract, which should define both how much is allowed to ... | |
| extension of time and delay damage | 3/24/2011 |
| Q: We are a contractor. Our general conract conditions are Fidic (design by employer)march 2006.The ... A: That to me sounds abusive. FIDIC Conditions of Contract do not provide for any such deadline for the ... | |
| extension of time and delay damage | 3/24/2011 |
| Q: We are a contractor. Our general conract conditions are Fidic (design by employer)march 2006.The ... A: 1. Reading extensive files may exceed limited available time that I have and may also exceed ... | |
| Tendering procedure for missing item and Qty adjustments. | 3/24/2011 |
| Q: I have two matters regarding Estimation. 1. If it’s doesn’t have a tender adjustment page in BOQ ... A: I am however uncertain if I properly understood your points: 1. You are talking about a Lump Sum. ... | |
| extension of time and delay damage | 3/23/2011 |
| Q: We are a contractor. Our general conract conditions are Fidic (design by employer)march 2006.The ... A: 1. A Contract and any subsequent related addendum, are the express will of the Parties, therefore as ... | |
| scope of work | 3/23/2011 |
| Q: Florin Nice to hear you again. Hope you are fine. I want to ask you two questions about ... A: Good to hear again from you, thank you for your question. I do not know what kind of Conditions of ... | |
| Design & Build | 3/21/2011 |
| Q: I am a main contractor working on a design & build contract of 60 villas. We have designed the ... A: In my view, any defect is under your responsibility and you must correct it at your expenses, unless ... | |
| delayed Payment | 3/21/2011 |
| Q: I have executed project and did not get paid for 2 years now after handing over, now I am requesting ... A: You should calculate on a monthly basis for each unpaid certificate, i.e. you'll have several dates ... | |
| Fidic Fourth Edittion 1987 | 3/21/2011 |
| Q: .. If I am working on a construction agreement signed on 2009 and referred to " FIDIC fourth ... A: You only have to follow what is in your Contract either at the time you signed the Contract, or ... | |
| Contractor that worked as a general, did the work and now many problems with the work | 3/18/2011 |
| Q: We contracted with a Castillo Construction Co. to redo our driveway, change to pavers, pool deck, ... A: That's a different question. If I understand correctly, the Contractor you originally hired, has no ... | |
| Contractor that worked as a general, did the work and now many problems with the work | 3/18/2011 |
| Q: We contracted with a Castillo Construction Co. to redo our driveway, change to pavers, pool deck, ... A: Firstly, you need to check exactly what your Contract says in terms of guarantees, etc. I ... | |
| mobilization advance | 3/16/2011 |
| Q: what is the meaning of mobilization advance payment in a construction project? and in what aspect it ... A: An advance payment is a free-interest loan given to Contractor upon Contract signature, for ... | |
| Total amount of the contract | 3/15/2011 |
| Q: I am working as a site engineer in some projects. Normaly in contracts I paid the advance invoice ... A: as well as for rating me down for reasons apparently uncertain even to yourself. It is always great ... | |
| Recovery of advance payments in montly invoices | 3/14/2011 |
| Q: I am working as a site engineer in some projects. Normaly in contracts I paid the advance invoice ... A: I do not understand what you mean by "... if the end of the contract I have to consider the monthly ... | |
| Notification of Claim | 3/14/2011 |
| Q: Greetings, I'm working as an Employer's Representative and the project has face some financial ... A: Sure enough, whatever is your strategy, I suggest you do discuss the matter. Obviously, of ... | |
| Notification of Claim | 3/13/2011 |
| Q: Greetings, I'm working as an Employer's Representative and the project has face some financial ... A: It is obvious the Contractor has a case and one way or the other he will get compensation. 1. It is ... | |
| Overhead and Profit | 3/11/2011 |
| Q: For a mega highway job we have come across some variation orders and as usual contractor is asking ... A: It is not a matter of how you feel/like/etc, it is a matter of demonstrating. Contractor have ... | |
| delayed Payment | 3/8/2011 |
| Q: I have executed project and did not get paid for 2 years now after handing over, now I am requesting ... A: The Contract is quite clear, it reads: "the annual rate of three percentage points above the ... | |
| delayed Payment | 3/8/2011 |
| Q: I have executed project and did not get paid for 2 years now after handing over, now I am requesting ... A: I believe I have answered the question already. As for advising you in respect of relationship with ... | |
| delayed Payment | 3/8/2011 |
| Q: I have executed project and did not get paid for 2 years now after handing over, now I am requesting ... A: You will probably have to check what is the discount rate in USA and add 3percents to it. But ... | |
| clause12.3(a)(iii) Fiddic 99 | 3/7/2011 |
| Q: Contract Amount AED 313,192,844B.O.Q Quantity - 200cubic meterMeasured Quantity -450,000 cubic meter ... A: ", instead of "Madam", I'm male. Firstly, I highlight again, conditions under 12.3 a, are to be ... | |
| clause12.3(a)(iii) Fiddic 99 | 3/7/2011 |
| Q: Contract Amount AED 313,192,844B.O.Q Quantity - 200cubic meterMeasured Quantity -450,000 cubic meter ... A: Please re-draft your question, so I can understand your case and your actual question. Until then, ... | |
| issue of IPC and release of pyament - 14.6 of FIDIC Yellow book | 2/28/2011 |
| Q: Regarding Clause 14.6 – Issue of Interim Payment Certificate. As per this Clause, 1. “No ... A: Interpretation of point 1 - correct. As for point 2, as you quoted yourself, the amount to be ... | |
| Project close-out and Variations | 2/27/2011 |
| Q: We are working under Fidic 99 Conditions in a lump sum contract and i want to close it out. the ... A: I could not read the BoQ, it was entirely blurred. However, I understand the following: You have a ... | |
| Contractual Interpretation of the wording 'Until Further Notice' | 2/24/2011 |
| Q: I have a question related to one of my project issue. We have an item in the contract drawing ... A: that is indeed a different perspective. If the case is as described now, indeed, the Contractor is ... | |
| Contractual Interpretation of the wording 'Until Further Notice' | 2/22/2011 |
| Q: I have a question related to one of my project issue. We have an item in the contract drawing ... A: Based on provided information, my understanding is that Contractor was to seal the "three", only ... | |
| Negative variation; case for discussion | 2/22/2011 |
| Q: We are doing a LUMP SUM contract for a building (3 basements + Ground + 12 typical + roof) in Abu ... A: Firstly, you are obliged to execute the works as described in the Drawings and Technical ... | |
| Method of study E.O.T | 2/21/2011 |
| Q: I'am working in construction projects, under fidic 4th edition Please can you Advise me about the ... A: I am afraid however, I can not run a course through this site. In case of an event, you need to ... | |
| Method of study E.O.T | 2/21/2011 |
| Q: I'am working in construction projects, under fidic 4th edition Please can you Advise me about the ... A: I am not sure I got your point, there is no 'method'. Any request for EoT is to be detailed by ... | |
| conflict between drawings and specifications in a lump sum contract | 2/20/2011 |
| Q: we priced a 40 floors tower project as a lump sum contract.In the drawings there was not any ... A: As long as I do not see myself the documents, I can not give a clear cut answer, but based on ... | |
| Lumpsum contact (FIDIC - design & build) | 2/20/2011 |
| Q: The contractor has bid on a lump sum price for a design and build contract. In his initial pricing ... A: I understand the Contractor has built a retaining wall instead of cavity wall. Also understand he ... | |
| unreasonable in FIDIC 4TH edition | 2/18/2011 |
| Q: Can and how far an engineer's action is unreasonable if such action is based on the contract ... A: While I agree with you, that deadline is stated, there is no follow-up, i.e. the Contract does not ... | |
| unreasonable in FIDIC 4TH edition | 2/17/2011 |
| Q: Can and how far an engineer's action is unreasonable if such action is based on the contract ... A: However, for proper usage of our time, we, volunteers answering questions on this site, generally ... | |
| General requirement & monthly payment | 2/15/2011 |
| Q: I'm working as a consultant in a project using fidic 4th edition with the following basis : - Our ... A: Q1: General Items can be paid: - total amount when completed, e.g. establishing Engineer office - ... | |
| Taking over of the works | 2/9/2011 |
| Q: What documents etc are typically required for the Main Contractor to submit to the Employer/Client ... A: Glad to hear again from you, thank you for your question. Firstly, you should check in your ... | |
| Associated Cost of Extension Time | 2/8/2011 |
| Q: I'm working as a Cost Consultant and reporting directly to the Employer related to contractual and ... A: If extension is due to reasons attributable to Employer, the Employer is to cover any cost related ... | |
| Mobilization Advance / secured advance adjustment | 2/7/2011 |
| Q: It is requested to clarify the most widely used method for the Adjustment / recovery of mobilization ... A: The method for recovering the advance payment is clearly described in the FIDIC books. It works in a ... | |
| Contract Administration | 2/5/2011 |
| Q: What's a 'Project time line' in construction industry? A: Please give me the context too as that may have different meanings in different circumstances. In ... | |
| price adjustment | 2/3/2011 |
| Q: Our contract is Fidic 88, reprinted 92. at the time of contract signing fix portion was 23% but ... A: The answer is fairly simple. Any change of a Contract can only be made upon mutual agreement. No ... | |
| Contract Administration | 1/27/2011 |
| Q: What are the'benchmark dates' namely in construction project time line?And please discuss the ... A: but I believe I have recently answered that - see below that answer: "Specific results must be ... | |
| Discrepancy of BOQ & Drawing | 1/26/2011 |
| Q: In the general condition of contract drawing has higher priority of documents. The drawing shows ... A: In brief, it is tenderers responsibility and risk to assess and establish the prices/ unit rates for ... | |
| LADs & Retention | 1/26/2011 |
| Q: I am a main contractor. My civil sub contractor who was employed on a Lump Sum contract has caused ... A: In that case, you should indeed be entitled to apply such approach, except you shall most likely ... | |
| Remedying of defects | 1/26/2011 |
| Q: In a design-build FIDIC based contract; the construction of a building project has been practically ... A: In such case, the Employer has made a crucial mistake as while it is not cristal clear against you, ... | |
| LADs & Retention | 1/26/2011 |
| Q: I am a main contractor. My civil sub contractor who was employed on a Lump Sum contract has caused ... A: That is entirely dependant on the contract agreement between you and subcontractor. Unfortunately, ... | |
| Discrepancy of BOQ & Drawing | 1/25/2011 |
| Q: In the general condition of contract drawing has higher priority of documents. The drawing shows ... A: It is Tenderers/Contractor responsibility to assess the BoQs against drawings, Technical ... | |
| Remedying of defects | 1/25/2011 |
| Q: In a design-build FIDIC based contract; the construction of a building project has been practically ... A: Firstly, I assume you're using Yellow FIDIC '99. 1 - 3: Secondly, approval of design by Engineer, ... | |
| project timeline | 1/25/2011 |
| Q: What are the 'Benchmark dates' in project timeline? A: Specific results must be reached at certain specific deadlines, either because so wants the ... | |
| Adjustment against Advance Payment | 1/25/2011 |
| Q: We are a Construction Company in India, executing major Civil Projects. In our Contract with the ... A: Glad to hear again from you, thank you for your question. I am not sure I understand what is that ... | |
| Question on Tender bond | 1/23/2011 |
| Q: In FIDIC based contracts, can a tenderer withdraw his tender during negotiation stage. will his ... A: FIDIC regulates only the Contract administration, not the procurement, which is made based on ... | |
| Delay beyond Maximum LD (as stated in appendix) & Contractor Insolvent | 1/20/2011 |
| Q: Contract: FIDIC 1987 4th Edition (termination by employer convenience included in particular ... A: as well as for the scoring. You are right, so they look at a first glance. Unfortunately, I have ... | |
| Nominated Subcontractors | 1/19/2011 |
| Q: the is the engineerin coordination with owner had appointed the ALUMINUIM CLADING WORK subcontractor ... A: That provision may be of a certain use for the Contractor, but as long as it does not say how/ when/ ... | |
| Delay beyond Maximum LD (as stated in appendix) & Contractor Insolvent | 1/19/2011 |
| Q: Contract: FIDIC 1987 4th Edition (termination by employer convenience included in particular ... A: You're indeed between a rock and a hard place. Ideally, first option should have been applied long ... | |
| Nominated Subcontractors | 1/13/2011 |
| Q: the is the engineerin coordination with owner had appointed the ALUMINUIM CLADING WORK subcontractor ... A: Glad I can help, thank for coming back. The new SubContractor may be either be again nominated by ... | |
| Termination of Sub-contractor by the Employer | 1/13/2011 |
| Q: I'm working as a Cost Consultant and reporting directly to the Employer related to contractual and ... A: The Employer has no such rights and under no circumstances should they do that. To put it very ... | |
| Nominated Subcontractors | 1/11/2011 |
| Q: the is the engineerin coordination with owner had appointed the ALUMINUIM CLADING WORK subcontractor ... A: Employer/ Engineer can propose NSC, but Contractor, as per S-Cl 59.2 can raise objection to such ... | |
| Productivity loss | 1/10/2011 |
| Q: Sir, If a work awarded based on FIDIC conditions. The work is divided into two components having ... A: Sear Sanjeev, Thank you for your question. Firstly, once you got your EoTs and related costs, it ... | |
| Liquidated damages | 1/8/2011 |
| Q: hai Goodmorning I am working in highwayproject in Abudhabi with fiddic 99 as condition of ... A: Unfortunately that is the general application of Delay Damages, if a Contract is not substantially ... | |
| professional indemnity PI | 1/5/2011 |
| Q: What's the real purpose of PI how should it be administered A: PI is aiming at providing an insurance to employers, in case a firm/ individual is making a ... | |
| Lump Sum Contract variations | 12/14/2010 |
| Q: I have a lump sum contract for excavation of a 14km channel. The contract has a BOQ in cubic meters ... A: In my opinion, you are dealing with a different item, i.e. a different type of channel and a new ... | |
| Employers opinion | 12/13/2010 |
| Q: The Contract is an altered version of the Standard FIDIC 87. The query is that there are numerous ... A: I appreciate your difficulties, but you can not get stuck in that situation. You should move away ... | |
| Error in the BoQ | 12/10/2010 |
| Q: I am from Afghanistan and we dont have any knowledge of construction law so the problem is that we ... A: Firstly, there should be no oral communications, but only written ones. I strongly suggest you go ... | |
| Subcontracting | 12/10/2010 |
| Q: I am a main contractor, FIDIC 87. We have a subcontractor working for us doing certain works. Our ... A: Sounds indeed like a breach of Contract. If Employer unhappy with something, they should require you ... | |
| Adverse Weather | 12/2/2010 |
| Q: Design & Build contract based on FIDIC 87 We have recently had a severe downpour of torrential rain ... A: You indicated "many of the units we are constructing leaked". I understand that's the problem ... | |
| Adverse Weather | 12/2/2010 |
| Q: Design & Build contract based on FIDIC 87 We have recently had a severe downpour of torrential rain ... A: If that is a Design&Build contract, assume you did the design, just for having the design approved, ... | |
| Actual and Correct Quantity Contract | 12/1/2010 |
| Q: Kindly explain the difference between Lump Sum Contract and Actual and Correct Quantity Contract ? ... A: Lump Sum Contracts: in general, under these Contracts, Contractor has to also execute the Design, ... | |
| Employer avoids giving possession to the site | 11/30/2010 |
| Q: hai This is David I am working with a contractor in Qatar FIDIC 1987 conditions of contract ... A: Glad to hear again from you, thank you for your new query, sorry to hear about such problems. ... | |
| cancelation of contract | 11/26/2010 |
| Q: have you ever handled a case using GCC (General Conditions of Contract 1st edition of 2004). you see ... A: I am not sure what 2004 edition are you talking about? Is it FIDIC, which one? Not sure right now ... | |
| Late Payment | 11/25/2010 |
| Q: I know you recently answered a question on this issue but my question is a bit more detailed. I am ... A: I am currently travelling and do not have at hand the FIDIC '87, but I remember there is under ... | |
| Late Payment | 11/25/2010 |
| Q: I know you recently answered a question on this issue but my question is a bit more detailed. I am ... A: Firstly, you should have notified the Employer and reduce or stop the works progress, due to late ... | |
| Queries on a clause in our contract | 11/22/2010 |
| Q: We have a clause in our Contract that states that "if the contractor is persistently negligent in ... A: Firstly, one must define what the problem is. Just because the Contractor is late, that is not ... | |
| Queries on a clause in our contract | 11/22/2010 |
| Q: We have a clause in our Contract that states that "if the contractor is persistently negligent in ... A: Firstly, you do not indicate which Conditions of Contract are you using, I suspect is FIDIC '87, but ... | |
| Contractor's entitlement due to cancellation of project | 11/21/2010 |
| Q: A contract has been canceled due to lack of funds on the client's part. The project is going to be ... A: I am nor sure what "moth-balled" describes, nor which FIDIC edition are you used. Was this Contract ... | |
| quantities/L.S. Contract | 11/19/2010 |
| Q: We are main contractor. Our contract is lump sum contract. Our general conditions taken from Fidic. ... A: Unfortunately, that is precisely what I feared of, according to the Contract you are paid a Lump Sum ... | |
| quantities/L.S. Contract | 11/19/2010 |
| Q: We are main contractor. Our contract is lump sum contract. Our general conditions taken from Fidic. ... A: If it is a Lump Sum Contract, please explain the actual role of BoQs. In principle, you should not ... | |
| amortisation of advance - calsue 14.2 for FIDIC | 11/12/2010 |
| Q: Hope you are doing good. My doubt is regarding the mechanism relating to the amortization of ... A: Apologise, I am under a tremendous time pressure and have no time now to check the figures. But ... | |
| amortisation of advance - calsue 14.2 for FIDIC | 11/10/2010 |
| Q: Hope you are doing good. My doubt is regarding the mechanism relating to the amortization of ... A: As soon as you have enough IPCs to accumulate 10% of the Accepted Contract Price, they start cutting ... | |
| Robbery on the Site | 11/7/2010 |
| Q: We are a contractor working in Africa under FIDIC IV 1987. Our site was attacked by robbers who ... A: Firstly, you should get the Engineer to confirm such record, including described effects. Then you ... | |
| EOT Claim | 11/1/2010 |
| Q: Iam planning engineer in construction site, there is two lift pit piles caps, one is going on, but ... A: You did not specify what Conditions of Contract you're using, nor if the Engineer was right in ... | |
| EOT claim due to delay in payments | 10/30/2010 |
| Q: i am a planning engineer in a contracting company inside abu dhabi & i want to ask how can i ... A: Firstly, you did not specify the Conditions of Contract that you're using. There should be some ... | |
| Lum sum contract with pc rate and ps | 10/27/2010 |
| Q: IN breaf please give me your feed back for the following urgentwe have a fidic contract and the type ... A: I believe the only chance is to check in the Conditions of Contract, there must be a provision in ... | |
| Lum sum contract with pc rate and ps | 10/26/2010 |
| Q: IN breaf please give me your feed back for the following urgentwe have a fidic contract and the type ... A: What FIDIC are you using? '87, '99, UAE? What pc and ps stand for? If is a Lump Sum Contract, you ... | |
| Change Orders | 10/24/2010 |
| Q: Can any of the Contract's parties issue a change order after the contract's completion date? A: Contract amendments, in respect of completion date, or anything else, can only be done with the ... | |
| FIDIC Letter of Acceptance | 10/22/2010 |
| Q: I am drafting a contract in FIDIC 3rd Edition 1987, and am in a position to issue the Contract ... A: You did not indicate in which jurisdiction you are civil/ common, so I'll try cover everything: In ... | |
| Delay Damage | 10/21/2010 |
| Q: With Respect I would like to receive suggestion for you about Delay Damge I am working with Client ... A: To make sure i got it right, I'll review your case: you have hired a Consultant to prepare your ... | |
| Delay Damage | 10/20/2010 |
| Q: With Respect I would like to receive suggestion for you about Delay Damge I am working with Client ... A: I am not sure I understand your before last phrase, nor did you indicate what type of Conditions of ... | |
| Clause12.2 Fidic | 10/19/2010 |
| Q: We are road contractors in UAE and the project is under UAE FIDIC[A.DHABI].We have BOQ item ... A: Based on provided information, I believe the Engineer can only establish such rates, on a temporary ... | |
| D B contract | 10/19/2010 |
| Q: In D/B projects what would be the contractor entiteled to recover in case, the owner did not provide ... A: You did not indicate the Conditions of Contract that you're using, but in principle, there must be a ... | |
| Reject the Payment Certificate | 10/18/2010 |
| Q: Our Contract is Building and Engineering Works Designed By the Employer Contract.Iam working as a ... A: That's a completely different case. But unfortunately for you, you'll need to quickly ... | |
| Delay Damage Value | 10/18/2010 |
| Q: The delay damage values is 0.1% per day and maximum delay damage value is 12% of Contract Price We ... A: There is no other specific remedy, but if you're using the '99 version, you can request the ... | |
| Reject the Payment Certificate | 10/18/2010 |
| Q: Our Contract is Building and Engineering Works Designed By the Employer Contract.Iam working as a ... A: I confess I am heavily against such behaviours when a Party rejects or attempt to reject the other ... | |
| Difference in measuring unit between BoQ and Standard Specifications | 10/18/2010 |
| Q: I am managing a roadworks contract where asphalt overlays of an existing road need to be done. The ... A: Based on information you provided, it seem you'll have to live with that. However, to my knowledge, ... | |
| loss of overhead&profit | 10/12/2010 |
| Q: nice to hear you again. My case is as follows:lump sum contract under red book 1999- I am working as ... A: I am afraid there is no straight answer, probably I could defend any position, particularly as I do ... | |
| Compensation for Time Extension | 10/4/2010 |
| Q: Contract used is FIDIC 4th Ed 1987 reprinted 1988 and 1992 with amendments. After determination of ... A: I am not sure how can you have an EoT already determined at the outset, but under Sub-Clause 44.1 ... | |
| Assessment of Substitution | 9/28/2010 |
| Q: My project is a residential building in Dubai, and it is a Lump-sum contract under FIDIC 1987 The ... A: You did not indicate the type of Conditions of Contract, nor eventual contract provisions in respect ... | |
| varaition | 9/28/2010 |
| Q: I am aluminum subcontractor working for two small towers to a main contractor, doing all the ... A: Welcome back with these details. Make sure you're talking about the Clauses in the right contract, ... | |
| FIDIC Red Book 1999 & Fourth Edition 1987 | 9/28/2010 |
| Q: Fourth Edition 1987 Clause 52.3 Variations exceeding 15% does not appear in FIDIC Red Book 1999. Can ... A: I don't think I can give you such "insight" but sure enough, if you check Sub-Clause 12.3 ... | |
| varaition | 9/27/2010 |
| Q: I am aluminum subcontractor working for two small towers to a main contractor, doing all the ... A: I understand you have a Sub-Contract where the Unit Rates are fixed as per indicated/ agreed BoQs, ... | |
| Fidic Red book 1999 | 9/3/2010 |
| Q: i am working as QS in an organization, ECIL Consultant company. Sir i want to know the difference in ... A: I'll answer in simple terms: Red Book - design made by Employer, includes a Bills of Quantities ... | |
| Delegation of the RE | 9/3/2010 |
| Q: FIDIC 99version Dear Madame We are currently working on FIDIC 99version where sub-clause 3.2 ... A: Firstly, when uncertain on someones gender (I am a man, not a Madame), you better simply use the ... | |
| Price adjustment | 8/31/2010 |
| Q: We have a change request to the contract in which there was a change from IFC 1 - IFC 2 drawings. We ... A: In principle, you should be indeed entitled for such compensation. That however, depends a lot on ... | |
| interim payments | 8/26/2010 |
| Q: i am a beginner in this field am working as a tr. qs in a construction project (mep). please excuse ... A: Normally, you should have a provision in your Conditions of Contract (you did not specify the type ... | |
| substantial completion,and tax exemption | 7/29/2010 |
| Q: the contractor send me letter to consider the date of today as substantial completion date while my ... A: As I understand it, as of 1/1/2010 the law changed and taxes are due. I suspect that is a result of ... | |
| Reduction in quantities | 7/28/2010 |
| Q: I am currently working for a contractor on a road project in East Africa. Upon re-measurement of ... A: Please let me know the type of Conditions of Contract that you're using. There should be provisions ... | |
| Warranties & Substantial Completion | 7/27/2010 |
| Q: I am working on a construction project, which has been delayed for more than 1 year since the last ... A: You do not indicate what kind of Conditions of Contract you're using, nor some clearer details for ... | |
| substantial completion,and tax exemption | 7/27/2010 |
| Q: the contractor send me letter to consider the date of today as substantial completion date while my ... A: I understand that is a different one. That tax exemption should have been granted for the whole ... | |
| Liquidated damages | 7/26/2010 |
| Q: I deal with fidic fourth edition In Appendix To our contract - amount of liquiddated damages is ... A: Indeed, that definition is not as clear, it seems it damages only apply to ACCEPTED Contract Price, ... | |
| FIDIC 87 Sub-clause 70.1, 70.2 | 7/22/2010 |
| Q: Do the taxes imposed on materials prices by country laws belong to Sub-clause 70.1 or to Sub-clause ... A: I do not fully understand what do you think of, but believe taxes do not fall under any of these ... | |
| Breach of Contract | 7/18/2010 |
| Q: "As per one clause of the project conditions of contract if the contractor failed to settle and pay ... A: You give an excerpt from a Contract clause, but require answers that are covered in other ones. I'll ... | |
| Gen. & Prel. | 7/15/2010 |
| Q: FIDIC 1999 (red) is the form of Contract Contract is LS Query relates to items under Gen.Prel QS ... A: 1. As you explained yourself, it appears they link their %assessment with progress of Works. Which, ... | |
| substantial completion | 7/12/2010 |
| Q: the contractor send me letter to consider the date of today as substantial completion date while my ... A: Would be good to indicate the Contract Conditions you're using. I also suspect you're the Engineer. ... | |
| FIDIC 4(cl.52.1(b)) | 7/11/2010 |
| Q: I have following question for your opinion. In a contract of ten schools at various locations,the ... A: You can not do that, because you're using FIDIC 4. DAB was only introduced in '99 edition. You ... | |
| FIDIC 4(cl.52.1(b)) | 7/11/2010 |
| Q: I have following question for your opinion. In a contract of ten schools at various locations,the ... A: Firstly, Contractor is to be given the Time Extension and related prolongation costs, in respect of ... | |
| Time at large | 7/9/2010 |
| Q: 1. Please explain me the basic concept of "Time at large"? 2. Secondly, if the contractual time of ... A: You still don't indicate what conditions of contract are you using, but there you are: 1. Time at ... | |
| Quarry about Prolongation Cost | 6/24/2010 |
| Q: Generally, it is said that cost of prolongation due to delay events shall be determined for the ... A: I note you did not indicate the type of Conditions of Contract that you're using, thus I'll try ... | |
| Government Project | 6/12/2010 |
| Q: I am a subcontractor currently working on a government project (school district) and I am planning ... A: The best way is to first check what does your sub-contracting agreement indicates in terms of ... | |
| MATERIALS ON SITE | 6/9/2010 |
| Q: AM WORKING AS A QS in a hospital project in middle east.for interim payments we used to claim ... A: Firstly, you should simply put the additional amount with "-" in the next Statement and Engineer ... | |
| Advance Payment to Nominated Subcontractor | 6/8/2010 |
| Q: We are the main contractor here in Dubai,UAE. MEP work is just one item among the Provisional Sums, ... A: A main missing information are the type of Conditions of Contract you're using and relevant ... | |
| salt leaching through contrete | 6/8/2010 |
| Q: I live in a warm climate.My home is about 13 years old. The problem is what seems like salt comeing ... A: However, it is not clear what is actually the- would you like a technical opinion? - would you like ... | |
| FIDIC 4th Edition 1987 Clause 48.2 (c) | 5/27/2010 |
| Q: Contract has only one Completion Date (No Sectional completion requirement). Contractor was ... A: I did not indicate the Employer definitely has such right, he MAY. Which is different. What I said, ... | |
| FIDIC 4th Edition 1987 Clause 48.2 (c) | 5/26/2010 |
| Q: Contract has only one Completion Date (No Sectional completion requirement). Contractor was ... A: I understand the Contractor did not request any taking-over from Employer, which obviously is a ... | |
| FIDIC 4th Edition 1987 Clause 53.1 | 5/20/2010 |
| Q: Although not defined within Clause 1.1 is there an accepted or recognised definition of "or ... A: Under 53.1 of '87 edition, that "otherwise" shows that Contractor may claim either "pursuant to ANY ... | |
| ommitions | 5/6/2010 |
| Q: hi i represent the client,condition of contract is FIDIC1999 red,contract is fixed rates (no price ... A: Indeed alternative 2 applies. Suggest you conclude an agreement for that Contractor to return when ... | |
| lump sum contract | 4/27/2010 |
| Q: we have a lumpsum contract,boq is prepared for the sake of payment certificates,client has taken ... A: Firstly, I suspect "mam" intends to indicate "Madame", which is not accurate - wrong gender. as for ... | |
| VARIATION | 4/24/2010 |
| Q: We are a MEP nominated subcontractor in Oman. As per the contract (stranded condition of ... A: If Main Contractor does prevent you from working, or delays you, you should definitely be entitled ... | |
| Site Instructions - relating to variations | 4/20/2010 |
| Q: My question relates to site instructions issued by the main contractor to us (the sub-contractor) ... A: I see where you are coming from and understand your worry. If you have a cantankerous Main ... | |
| claims | 4/10/2010 |
| Q: in a contract that was signed in 2007 with a completion period of 18months,having not been completed ... A: You did not indicate what kind of Contract Conditions are you using, but if the Beneficiary was late ... | |
| Discrepancy between drawings | 4/8/2010 |
| Q: I represents the Engineer as a Contract administrator in a high prestigious project in Cairo, ... A: You have requested me to issue an opinion, based on provided information, on whether your approach ... | |
| Discrepancy between drawings | 4/7/2010 |
| Q: I represents the Engineer as a Contract administrator in a high prestigious project in Cairo, ... A: As indicated in my previous answer, I base the judgement on "considering time and cost". It is ... | |
| Discrepancy between drawings | 4/7/2010 |
| Q: I represents the Engineer as a Contract administrator in a high prestigious project in Cairo, ... A: I do not have sufficient details to give a definite answer, but based on provided information, I do ... | |
| Evaluation of Variation | 4/3/2010 |
| Q: I work for a project in UAE, which has a lumpsum contract based on FIDIC 1987 reprinted in 1992. One ... A: If I correctly understand, the original ceramic tiles are no longer wanted, but the employer wants ... | |
| FIDIC 1999 (New Red Book) - Provisional Sums & NSC | 3/31/2010 |
| Q: 1. How can we differentiate defined PS and an undefined PS under FIDIC 1999 (New Red Book) ? 2.What ... A: I understand you're thinking of fully subcontracting both Design and Construction. Firstly, in ... | |
| FIDIC 1999 (New Red Book) - Provisional Sums & NSC | 3/31/2010 |
| Q: 1. How can we differentiate defined PS and an undefined PS under FIDIC 1999 (New Red Book) ? 2.What ... A: please find below the answers: 1. Please define what are the "undefined Provisional Sums" and what ... | |
| deletion of BOQ item | 3/31/2010 |
| Q: a lump sum contract under fidic 1999.can the client deduct a boq item from contract value? in ... A: Normally, there should be no BoQ in a Lump Sum Contract, as the Contractor is hired to design and ... | |
| post contract | 3/29/2010 |
| Q: 1. How the contractor change the final value of work done after submission of the statement at ... A: 1 I need more information to understand/ answer your query. 2 The Contractor can include value of ... | |
| ACCESS TO SITE | 3/11/2010 |
| Q: our road passes alongwith a vertical hill, there is no direct access to roadway for cutting. we can ... A: You did not actually formulate your query, but suspect you want to know if you can get paid for ... | |
| variations | 3/4/2010 |
| Q: The Contract is a FIDIC 87. The Employer instructed a variation to part of the Works, which will ... A: As mentioned before, I do not have the '87 book with me and for providing an answer I need the full ... | |
| variations | 3/4/2010 |
| Q: The Contract is a FIDIC 87. The Employer instructed a variation to part of the Works, which will ... A: Contractor should get an EoT proportional with amount of extra work. However, unless the Contract ... | |
| Nomination | 3/2/2010 |
| Q: I am a contract administrator at a tower project, I have a case as following : The ceramic works are ... A: From your text, it is uncertain what kind of Conditions of Contract are you using, but since you ... | |
| Error in accepted VO | 2/28/2010 |
| Q: Conditions of Contract :Fidic (4th Edition 1987) I've made an error in a variation order(VO) which ... A: There is no regulation for that, but nor does the FIDIC '87 (or another edition) forbid to vary a ... | |
| Can the Retention Money be affecetd by Delay Damages | 2/25/2010 |
| Q: The Engineer has imposed Delay damages on the Contractor and therefore claim that he cannot release ... A: In that case, you will agree the Employer have to retrieve the Delay Damages somehow. Please check ... | |
| Can the Retention Money be affecetd by Delay Damages | 2/25/2010 |
| Q: The Engineer has imposed Delay damages on the Contractor and therefore claim that he cannot release ... A: It is not clear from your message, if Taking-over Certificate has been issued or not. Such ... | |
| Duplication in Contract | 2/23/2010 |
| Q: I’m the engineer’s representative for a mega project in Abu Dhabi, UAE. The contract is a lump sum ... A: In principle yes, you may be right, but there is indeed one issue that is just not right, i.e. the ... | |
| FIDIC | 2/16/2010 |
| Q: question :In the definitions of Employer contractor why the assignee has been excluded in FIDIC ... A: Glad my answers were useful. Please detail what is you are actually looking for, as I have the ... | |
| FIDIC | 2/16/2010 |
| Q: question :In the definitions of Employer contractor why the assignee has been excluded in FIDIC ... A: Glad I could help and thank you for coming back. Indeed there is no such specific definition, but ... | |
| Variation | 2/14/2010 |
| Q: The Contract is a Yellow Book FIDIC 99. The project is a lump project. When the Contract was ... A: Indeed, under Yellow FIDIC is always difficult to evaluate a Variation, particularly because you ... | |
| FIDIC | 2/11/2010 |
| Q: question :In the definitions of Employer contractor why the assignee has been excluded in FIDIC ... A: I got back to my base office and can answer now your query, after checking the '87 book. In my ... | |
| difference between Advance payment and Downpayment | 2/7/2010 |
| Q: What is the difference between Advance payment and down payment in construction Industry. Regards ... A: You did not specify what type of Conditions of Contract are you using, but in principle, they should ... | |
| Breeching of Contract | 2/6/2010 |
| Q: Is it possible to short list the cases to be considered for breaching the contract by contractor I ... A: Concerning first request, I am afraid that would exceed limits of this site, as answer would require ... | |
| 13.7 Adjustments for Changes in Legislationn | 2/4/2010 |
| Q: Is it possible to be taken into account under Sub-Clause 13.7 Adjustments for Changes in ... A: Mustafa Bey sellam, Tesekur ederis for your question. That would be next to impossible, first of ... | |
| EOT Claim | 2/3/2010 |
| Q: I have to clarify followings regarding EOT claim, 01.This contract under FIDIC yellow book,I am ... A: 1. Use last phrase of 5th paragraph of Sib-Clause 20.1 and subsequent point a) and b), respectively ... | |
| PAYMENT ON MATERIAL ON SITE | 2/2/2010 |
| Q: IF I PAID MATERIAL ON SITE OF R300 000.00 IN PAYMENT CERTIFICATE NO.2, AND WHEN WE MEASURE FOR ... A: You should definitely not pay twice for anything. You have paid that amount for the materials and in ... | |
| risk register | 1/31/2010 |
| Q: am working as a trainee QS in an MEP project can u please help me to understand what is ment by risk ... A: Firstly, please note there is no standard format recognised across the industry, it is rather a ... | |
| Prolongation Cost | 1/28/2010 |
| Q: The Contractor, while submitting his claims for prolongation cost, has shown Bonus to his employees. ... A: I am not sure I understand what kind of bonus are you referring to. If it was a bonus the ... | |
| EoT costs | 1/17/2010 |
| Q: "Hi Florin I'm a resident engineer for a consultant firm and I'm supervision a project in the UAE ... A: The Sub-Clause in the '87 book is 60.1, see point (a#, #b# and #c#, while that prolongation cost is ... | |
| EoT costs | 1/16/2010 |
| Q: "Hi Florin I'm a resident engineer for a consultant firm and I'm supervision a project in the UAE ... A: You do not indicate what type of Conditions of Contract you're using, but FIDIC '99, reads under ... | |
| extention of time claim | 1/14/2010 |
| Q: i have a mechanical lump sum project that was delayed 3 years for causes not my fault; am i allowed ... A: I don't think they're right. Providing the Sub-Clause on which you based your claim allows it and I ... | |
| extention of time claim | 1/13/2010 |
| Q: i have a mechanical lump sum project that was delayed 3 years for causes not my fault; am i allowed ... A: Depending on actual Conditions of Contract that you are using (you did not mention that), you should ... | |
| Clarification on Sub Clause 13.8 of Fidic 2006 | 1/13/2010 |
| Q: how to calculate price adjustment by using "Pn" and "the estimated contract value in the relevant ... A: You need to follow the formula, as detailed in Sub-Clause 13.8 and replace the various variable ... | |
| Prolongation cost | 1/12/2010 |
| Q: We are contractor working in project based on red book FIDIC 87, fourth Edition. The original ... A: I am currently travelling and do not have that book with me, but prolongation costs enter under the ... | |
| Prolongation cost | 1/12/2010 |
| Q: We are contractor working in project based on red book FIDIC 87, fourth Edition. The original ... A: glad I could help earlier. Obviously, your Unit Rates/ Prices must remain the same, I only hope you ... | |
| What is the best form of contract for me? | 1/8/2010 |
| Q: I'm slightly confused with the suite of FIDIC forms in respect of design and build, i.e. can the ... A: Such alternative of an amended Red FIDIC, is useful when you have a case when Employer designs the ... | |
| What is the best form of contract for me? | 1/8/2010 |
| Q: I'm slightly confused with the suite of FIDIC forms in respect of design and build, i.e. can the ... A: As far as I am concerned, I am always heavily against using Yellow (design and build) for such ... | |
| Contract Termination by a Contrcator | 12/24/2009 |
| Q: A relatively large road works contract (FIDIC MDB edition) was terminated by a contractor as per ... A: comparing to usual response time. It is Christmas and I am trying to stay close to family, at least ... | |
| Notice for EOT under FIDIC 1987 4th Edition | 11/25/2009 |
| Q: I am involved in a major construction project for Hydro power production as a Contract Engineer. I ... A: I'd suggest you write back to Engineer and specifically require the instruction to do the works, as ... | |
| Notice for EOT under FIDIC 1987 4th Edition | 11/25/2009 |
| Q: I am involved in a major construction project for Hydro power production as a Contract Engineer. I ... A: Under 44.2 you have a procedure on how to proceed for the Engineer to make a Determination, while ... | |
| Payment Dispute- Nominated Subcontract | 11/22/2009 |
| Q: We have a dispute over 'non payment' which as specified in our Nominated Subcontract agreement ... A: I don't have sufficient information for a clear cut answer, but I am tempted to believe it should be ... | |
| Price Adjustment | 11/19/2009 |
| Q: In one of the contract we administer a price adjustment request was submitted by the contractor.The ... A: 1. That sounds fair enough, but acceptable is whatever the Parties mutually agree. 2. Yes, since as ... | |
| "Contract Coart Case Desision " & "Settlement of Disputes and Arbitration" | 11/18/2009 |
| Q: Gawe Me on a "Contract Coart Case Desision " & "Settlement of Disputes and Arbitration" Exeampale ... A: For replying it however, please detail clearer what is you are actually looking for. What Conditions ... | |
| Site Instruction | 11/6/2009 |
| Q: We did a job for a company and the Site Foreman gave us a few site instructions to do some ... A: 1. Yes that may well be the case, if the Contractor is late, or is not doing some things right, such ... | |
| claim | 11/3/2009 |
| Q: I have to deal with a contractor claim after the Engineer&Employer refuse to approve a variation ... A: For providing a fully fledged answer, I would need a fairly large amount of information, but will do ... | |
| EOT Claim | 10/31/2009 |
| Q: My current project has an approved baseline programme in Primavera, which has lots of variations ... A: I am not sure how can you have a Lump Sum Contract based on certain remeasurable items in a BoQ, but ... | |
| Tendering procedure for shedule of rate contract | 10/29/2009 |
| Q: Kindly inform me how tendering competition can be held for a contract which is based on schedule of ... A: Based on provided information, I can not provide a detailed answer, I suspect they shall compare ... | |
| Time extension | 10/28/2009 |
| Q: We understand in a FIDIC -1982 based Measure and Pay Type Contract,substantial increase of ... A: Devika, Thank you for your question. Indeed, that is correct. Except you should not target a ... | |
| Design Defects | 10/27/2009 |
| Q: 1.The case we have which is under argument now is the drainage contract drawings have a design ... A: 1. The fact that Engineer gave an approval, does not exonerate the Contractor for his ... | |
| Delay damages | 10/27/2009 |
| Q: As a consultant to a German-Macedonian financed programme in Macedonia I would appreciate advise on ... A: Sub-Clause 14.9 refers to deduction out of Retention Money for outstanding works during Defects ... | |
| Claiming retention money | 10/23/2009 |
| Q: As consultant to a German-Macedonian financed programme in Macedonia I would like to find out the ... A: If Contractor, despite notices under 15.1 fails to remedy the defects, you can use both Retention ... | |
| Payment for the cost of providing a Performance Security | 10/22/2009 |
| Q: The cost of providing a Performance Security is provided in BOQ, but the payment time for it not ... A: Welcome back, thank you for that detail. In that case Contractor should be reimbursed immediately, ... | |
| Payment for the cost of providing a Performance Security | 10/22/2009 |
| Q: I work in a project using the FIDIC 1999 1st edition. The Main Contractor submitted the Performance ... A: I suspect it is provided in the BoQ/ Schedule of Prices for such money to be paid on monthly ... | |
| clarification on FIDIC 1987 contract | 10/18/2009 |
| Q: FIDIC 1987 Location: Dubai, UAE Lumpsum Contract Dear sir Recently i attended one interview, they ... A: Welcome back! Originally I started answering your queries, but then realised that may not help you ... | |
| Termination under Clause 19.7 | 10/15/2009 |
| Q: It is agreed mutually between us as Employer and the Contractor to terminate the contract under ... A: Based on provided details, please find below my answers: 1. As long as no agreement in place on the ... | |
| LOI | 10/11/2009 |
| Q: we have received from the project manager, the LOI for a project. contract is re measured, under ... A: Firstly, it would be useful to detail what 'LOI' stands for - I suspect it's a sort of memorandum of ... | |
| Fidic 1987-1992 | 10/8/2009 |
| Q: I read your answer on notices. Do you think it is reasonable for the Engineer to make a ... A: If I understand correctly, you have a case where the Contractor issues his Claim, one day before the ... | |
| Duplicated items in BOQ | 10/3/2009 |
| Q: Florim, I am an engineer in the Contractor's side and the BOQ for a building we are working ... A: Now you're giving me a new detail that may change a lot the situation, i.e. "description under ... | |
| Duplicated items in BOQ | 10/3/2009 |
| Q: Florim, I am an engineer in the Contractor's side and the BOQ for a building we are working ... A: Based on provided information, it seem you are indeed entitled to be paid for that reinforcement. I ... | |
| contractor breached a contract with subcontractor | 9/25/2009 |
| Q: my boyfriend worked as a subcontractor to one company through the contractor. He doesn;t have a ... A: I am not an expert in UK law and not having a written contract may make it difficult. However, I ... | |
| Lump sum contracts | 9/24/2009 |
| Q: In case of lump Sum type contracts, how can a consultant deal with the following: 1. Deletion of ... A: 1. If certain works were completed, they are to be paid for. Or, most often, even for works not ... | |
| Escalation | 9/18/2009 |
| Q: Can the down payment that the client has given you in the beginning of a contract, which will be ... A: The answer to that is no. I am not aware of your particular case, nor do I see the benefit. Thus ... | |
| deductions of payment | 9/14/2009 |
| Q: I would like to present my case here hope you are able to advice me 1.We have an advance payment ... A: Firstly, it would help to indicate what Conditions of Contract are you using and use less ... | |
| Loss of natural light | 9/13/2009 |
| Q: I have purchased a house in a Romanian village. The courtyard is only 6 mts wide. My neighbour is ... A: I strongly believe you are totally right, respectively you can call to court that neighbour. ... | |
| Preliminaries Sum | 9/3/2009 |
| Q: we are using the fidic 1999 with the words written errata to first edition 1999. 1. As mention ... A: 1. I still need the actual definition of Preliminaries that you're using, but if there is a clear ... | |
| Preliminary sum | 9/3/2009 |
| Q: I woould appreciate your assistance and advices... 1.How does preliminary sum is being spread if the ... A: As I have seen different usage of "Preliminary" it would be useful to also give me related ... | |
| Turnkey Solutions | 8/31/2009 |
| Q: I am new in the vertical construction industry, Can u please explore to me further the Turnkey ... A: but I am not sure I understand it. If you simply need the definition of Turnkey projects, may I ... | |
| Pain and gain in cost plus projects | 8/26/2009 |
| Q: I do work in a project where the FIDIC 1999 1st edition is used. The project is cost plus where we ... A: Welcome back, thank you for these details. I must confess I am not familiar with this system, nor ... | |
| Pain and gain in cost plus projects | 8/26/2009 |
| Q: I do work in a project where the FIDIC 1999 1st edition is used. The project is cost plus where we ... A: I am not sure what do you call "gain/ pain PROCEDURE". While I suspect what do you mean by that, ... | |
| advance payment | 8/25/2009 |
| Q: I do work in a project using the FIDIC 1999 1st edition. However, it was agreed upon to receive 20% ... A: Sub-Clause 14.2 reads: "The total advance payment, .... shall be as stated in the Appendix to ... | |
| provisional sum and prime cost | 8/22/2009 |
| Q: Kindlt i need your clarify regarding the diffrence between PS and Pc and when we you both of them in ... A: Really glad to hear that. I like helping people and share my knowledge. When appreciated, it really ... | |
| Claims on EOT | 8/22/2009 |
| Q: We have awarded EOT for the contract of 83 weeks period.The Client is paying us the Preliminaries ... A: I understand you got already an EoT, but progress is further delayed due to reasons attributable to ... | |
| Failure to Give Notice | 8/21/2009 |
| Q: For construction contracts under FIDIC Fourth Edition reprinted 1992.Would you please clarify the ... A: That is an often debate and may sometimes also be considered under the Law of the Country, for time ... | |
| provisional sum and prime cost | 8/21/2009 |
| Q: Kindlt i need your clarify regarding the diffrence between PS and Pc and when we you both of them in ... A: I must confess I am very surprised to learn these definitions, although I have worked under several ... | |
| provisinal sum | 8/21/2009 |
| Q: I have an item in BOQ which is Provisional sum the contract is Fidic 87 lump sum , please clarify ... A: That amount is nothing but an estimation of the Employer at the time of preparing the Tender ... | |
| Contractor Progress & Site Diary | 8/21/2009 |
| Q: Here again theKnowing the contractor working progress and their records, pls explain the following: ... A: Glad to hear from you. Yes, things are going well, hope you are fine too. 1. I must confess I never ... | |
| provisinal sum | 8/20/2009 |
| Q: I have an item in BOQ which is Provisional sum the contract is Fidic 87 lump sum , please clarify ... A: If there is a Provisional Sum, you can proceed executing that item, but you shall be paid upon ... | |
| Unde utilization | 8/20/2009 |
| Q: my contract is under FIDIC 1999 red book, our project is delay due to lack of utilization of labour ... A: Firstly, I am somewhat surprised to hear the Employer is supplying materials, but if that is the ... | |
| EPC and DB Contracts??? | 8/17/2009 |
| Q: We have started a joint venture in Dubai and are in search of information to enter grounds related ... A: DB stands for Design & Build, i.e. you design some works and you build them. EPC stands for ... | |
| How to the Contractor in Proper way | 8/14/2009 |
| Q: Florin NICULESCU, I am working in an Expressway construction project. The contractor has been ... A: I understand you have taken over the position of Engineer's Representative, while a job was already ... | |
| Variation procedure not in accordance with the contract | 8/14/2009 |
| Q: My question, I think, involves the principle of Estoppel. We are working to a lawyer-created ... A: I am not John, I am Florin NICULESCU, but thank you for your question anyway. Just hope you do not ... | |
| OH & P | 8/13/2009 |
| Q: Has a subcontractor the right to apply for overheads & profit on bonus's paid out to his workers for ... A: In general, one is entitled to claim for that, for covering suffered OH expenses, related to ... | |
| Subcontract Insurances | 8/13/2009 |
| Q: Florin, I am working as a main contractor (Joint Venture) and the Employers Requirements stipulates ... A: As your contract is an in;house one, I am not aware of its full content, so may not be as accurate. ... | |
| FIDIC 1999 & 2005 ( latest ) | 8/13/2009 |
| Q: I have a general question regarding FIDIC 1999 & 2005. I wish to know what is the difference between ... A: I must confess I did not have the time to make an analysis of the differences and probably those ... | |
| FIDIC 1999 & 2005 ( latest ) | 8/13/2009 |
| Q: I have a general question regarding FIDIC 1999 & 2005. I wish to know what is the difference between ... A: Firstly, I am not sure to which book are you referring (Red/ Yellow/ etc). Anyway, later versions ... | |
| bond / guarantee | 8/7/2009 |
| Q: i have made an agreement with a supplier for supplying ' X ' items to my warehouse within an agreed ... A: In that case, suggest you check two issues: - is there any requirement in the Contract, for such ... | |
| bond / guarantee | 8/7/2009 |
| Q: i have made an agreement with a supplier for supplying ' X ' items to my warehouse within an agreed ... A: Nice to hear again from you, thank you for your question. Since that supplier did not bother to ... | |
| recovry amount of advanced payment | 8/3/2009 |
| Q: The project is lump sum based on FIDIC 1987 . The client gave the contractor advanced payment 10% ... A: I am currently travelling and don't have that book at hand. However, please check Sub-Clause in the ... | |
| Contract price adjustment under Sub Clause-52.3, CoC. | 8/2/2009 |
| Q: I came with a previous question but with some more details; * The original contract price was for ... A: The fact the Contractor claimed after the DLC (defects liability period, I assume) is probably ... | |
| OH & P | 8/2/2009 |
| Q: My query is. I recently came across a variation request, where the contractor has claimed profit ... A: Glad to hear again from you, thank you for your question. Yes, that is definitely possible, for all ... | |
| Delayed payment & notice to suspend | 8/1/2009 |
| Q: We have signed a contract based on 99 FIDIC. Due to delay in payment we had issued notice to ... A: Firstly, please check what is the actual deadline for payment by the Employer and ensure you know ... | |
| Contract price adjustment under Sub Clause-52.3, CoC. | 7/31/2009 |
| Q: I came with a previous question but with some more details; * The original contract price was for ... A: Added or deducted, depending upon your actual case. As I do not have sufficient data about the ... | |
| Contract price adjustment under Sub Clause-52.3, CoC. | 7/30/2009 |
| Q: I came with a previous question but with some more details; * The original contract price was for ... A: Please read carefully the Sub-Clause 53.3. It requires that both a) and b) are fulfilled, "BUT NOT ... | |
| Liquidated Damages Dispute | 7/28/2009 |
| Q: I'm the Engineer. The Contract form used is FIDIC 1987. The Contractor failed to comply with a ... A: I am not familiar with US courts, but I strongly believe that since that's what the Contract shows, ... | |
| Construction FIDIC 1999 | 7/27/2009 |
| Q: Can the contractor refuse an Engineer's instruction? If so, can he use the lack of resources as an ... A: Contractor can not refuse any instruction of the Engineer that is formally issued, unless there are ... | |
| Differences between the quantities in the BoQ and the actual quantities | 7/27/2009 |
| Q: Working for the Employer, I would like to ask for the following: On the LOA, which is stated that ... A: Honestly, I never understood Employers inserting BoQs in the Lump Sum Contracts. Nor do I understand ... | |
| Variation Rate | 7/26/2009 |
| Q: Greetings Florin, In a project (based on FIDIC 1987) where the Contractor has an obligation to lay a ... A: If it was the Employer preventing the Contractor to do his job, then Contractor should not be ... | |
| FIDIC 1987 questions. | 7/24/2009 |
| Q: Please answer following questions as soon as possible. 1) Is it possible to instruct the Contractor ... A: As you may see from the other questions, I am generally trying to answer within shortest delay, but ... | |
| Unpaid wage | 7/23/2009 |
| Q: I have been a contractor with a Fence manufacturing company for 4 years. After this period i have ... A: Well, if no written contract in place ...., all you can do is either go back to them and try ... | |
| termenation | 7/23/2009 |
| Q: a contract was signed for 30 month period, 50% of the time elapsed and the contractor finish 10% of ... A: Salah Bey sellam, Thank you for your question. I am not sure what Conditions of Contract are you ... | |
| Unpaid wage | 7/21/2009 |
| Q: I have been a contractor with a Fence manufacturing company for 4 years. After this period i have ... A: I believe you should check provisions of your contract with the Employer, in terms of guarantee ... | |
| Suspension of Work Claim | 7/21/2009 |
| Q: I am working from Contractor side, Our site was suspended by Client for 1 month. The reason is ... A: Firstly, you must've had disruption of certain activities, which for resuming, you may need a while. ... | |
| shot at site | 7/17/2009 |
| Q: We are contractor doing one road project in Africa. One of our expatriate worker has been shot dead ... A: that is indeed the Pink Book. Yes, 19.1 iii)sounds OK, but I'd rather recommend 17.3 c). I'd ... | |
| Loss of productivity and prolongation claims | 7/16/2009 |
| Q: I have the following questions relating to 2 scenarios; Assuming conditions of contract to be FIDIC ... A: Firstly, whenever you want to claim, you must demonstrate what was the actual negative net effect, ... | |
| Error in the B.O.Q | 7/7/2009 |
| Q: I have one query. The B.O.Q is prepared as follows: Description Unit Quantity Rate Amount ... A: To me, Contractor will have to live or die with that rate. The only way it can be modified, only if ... | |
| Terms to be used for different completions of the project | 6/30/2009 |
| Q: I am working for a main contractor in Qatar. Could you kindly explain the following contractual ... A: glad to hear again from you. Normally, such terms should be defined in your contract, but if that ... | |
| Objection to Nomintated Sub-Contractors | 6/29/2009 |
| Q: The ICE 7th Edition allows the main Contractor to object to the nomination of a sub-contractor on ... A: 1. Firstly, there is no definition whatsoever of "reasonable", it's a simple matter of common sense. ... | |
| Depreciation of Equipment | 6/28/2009 |
| Q: while calculating the depreciation of the construction i saw normally working hrs of the equipment ... A: I believe that is not that much related to Construction Law, it rather seem to me as related to ... | |
| omitting works | 6/27/2009 |
| Q: Please advice if the client have the right to omit works in lump sum projects and if the contractor ... A: I am currently travelling and do not have at hand the book, but try the following suggestions: - ... | |
| Omited work | 6/23/2009 |
| Q: A work is omitted from a contract then is it possible to execute the same work after some ... A: Normally, Employer may omit certain works, through a Variation Order, as per Sub-Clause 51.1. ... | |
| Price adjustment and Secured advance | 6/23/2009 |
| Q: Is a Contractor entitled to Price adjustment for the material purchased against secured advance ... A: Firstly, that depends on actual Conditions of Contract you're using. You should have a definition of ... | |
| Validity of the Subcontract. | 6/20/2009 |
| Q: I am working for a main contractor in Qatar. We have issued a custom made Letter of acceptance for ... A: You should note there are a few aspects included within a Works (Sub)Contract: - time for ... | |
| variations in lump sum projects | 6/19/2009 |
| Q: I have a lump sum Project with a bill of quantity the general condition under FIDIC 1987 .the ... A: but please re-draft it, as I simply don't understand your case. Please use simple and short ... | |
| Variation | 6/16/2009 |
| Q: I am a Masters student in construction Managment, Currently i am working with my thesis on causes ... A: You indicate you made an analysis that generated certain results, but then you're asking me to ... | |
| Lumpsum contract | 6/11/2009 |
| Q: I am working for a consulting company as an Engineer. Our LUMPSUM contract is based on FIDIC 1999. ... A: I understand you're using the Yellow FIDIC '99, which means Contractor prepared the Design. Who ... | |
| Re: FIDIC Silver Book | 6/10/2009 |
| Q: Is there a Form of Subcontract Agreement for specific use with the FIDIC Silver Book. Thanking you ... A: I am not aware of any such agreement. I know there is under preparation a set of Conditions of ... | |
| Fidic reference | 6/5/2009 |
| Q: Could you please advice what is the best book illustrating FIDIC which can be used as a reference . ... A: but I am afraid I did not fully understand it. If you refer to a book that explains the FIDIC ... | |
| workdone on a sewer line | 6/4/2009 |
| Q: I RECENTLY WORKED ON A SEWER CONTRACT THE AMOUNT OF PIPE LAYED EXCEED THE AMOUNT OF EXCAVATION. I ... A: For enabling me to answer, it would be great if you would indicate the type of Conditions of ... | |
| Fidic 87 to 99 | 5/28/2009 |
| Q: could you please advice if there is any obligation under the contractor to do soil tests after ... A: Please note that FIDIC does not tell you what to do, it only provides a general structure for ... | |
| Payment to Contractor due to Contract termination | 5/27/2009 |
| Q: Sir, I am working in one developer in dubai as QS.My question is this if Employer terminate contract ... A: Unfortunately I am away from my home base where I have my books and thus can not check that for you. ... | |
| Payment to Contractor due to Contract termination | 5/27/2009 |
| Q: Sir, I am working in one developer in dubai as QS.My question is this if Employer terminate contract ... A: For the first question, yes. But Sub-Clause 70.1 deals with a different matter. Second: I ... | |
| Extension of time | 5/25/2009 |
| Q: In fidic based contracts “4th Edition”, extension of time is granted to the Contractor under Clause ... A: I agree with you that such situation becomes difficult to handle, but one should always return to ... | |
| delay of assessment of extension of time delay | 5/23/2009 |
| Q: I am working for a contracting company in Qatar and our contract to construct residential and hotel ... A: Mind you, you did not indicate what FIDIC are you using, I assume it's Red Book, '87. I don't have ... | |
| delay of assessment of extension of time delay | 5/21/2009 |
| Q: I am working for a contracting company in Qatar and our contract to construct residential and hotel ... A: I assume that together with the Claims, you submitted each time a new work programme, with revised ... | |
| delay of assessment of extension of time delay | 5/20/2009 |
| Q: I am working for a contracting company in Qatar and our contract to construct residential and hotel ... A: I assume you refer to FIDIC '87 Red Book and assume when you say Project Manager, you mean Engineer. ... | |
| Price Adjustment under Clause-52.3 | 5/10/2009 |
| Q: At the time of Taking Over Certificate i.e. on completion of whole of the work and taking into ... A: To me is not clear what is not clear to you. Things are totally clarified. Just re-read carefully ... | |
| Price Adjustment under Clause-52.3 | 5/8/2009 |
| Q: At the time of Taking Over Certificate i.e. on completion of whole of the work and taking into ... A: Firstly, you must check if that excess above 15% is in line with given conditions under 52.3. If ... | |
| Lump Sum Contract | 5/6/2009 |
| Q: As the Project Manager for a Contracting Firm, We have completed 98% of the Works within the ... A: I got the message earlier today, but I am answering only now, as I had a hectic day today and is not ... | |
| Contractual advice for Construction contract | 4/28/2009 |
| Q: We would like to seek advice on the following: (i) Sub-clause 70.3 (Price Adjustment) of ... A: I am inclined to say the indices should apply to the period when the Contractor issued the invoice, ... | |
| Contract Agreement | 4/27/2009 |
| Q: in contract document, we added a Item Provision of vehicle and also its amount added, but by ... A: As I understand it, your problem is not related to how to claim the item, I understand you done it ... | |
| Contract Agreement | 4/22/2009 |
| Q: in contract document, we added a Item Provision of vehicle and also its amount added, but by ... A: That is rather a matter of procurement procedures. Normally, when evaluating your offer, evaluators ... | |
| Material Approval - Claim | 4/10/2009 |
| Q: our contract is based on FIDIC 1987. for kitchen appliances there are some preferred products & ... A: There are two contradictory statements in your presentation: - "Consultant approves the supplier ... | |
| Performance Bond | 4/9/2009 |
| Q: The Contractor issued a Notice of Termination to the Employer for not complying with DAB's decision. ... A: I just reached home and got back to my '87 book. The fact that Employer did not recognised the DAB, ... | |
| Performance Bond | 4/9/2009 |
| Q: The Contractor issued a Notice of Termination to the Employer for not complying with DAB's decision. ... A: glad to hear again from you. Firstly, as you did not indicate the type of Conditions of Contract ... | |
| tender | 3/27/2009 |
| Q: how do we handle errors in bill of quantities when distributing tender docunents A: I understand you launched a Bidding Document, you're still prior to offers submission deadline and ... | |
| FIDIC 1999 D&B as subcontract conditions | 3/27/2009 |
| Q: Florin, I have been reading through previous Q&A's to find various information I require but this ... A: I am not familiar with the AAV Conditions of Contract, but as long as they don't have a particular ... | |
| DAB | 3/25/2009 |
| Q: I refer to GC of FIDIC 1987 red book. Please kindly advise me on the following: Q1. The DAB was ... A: Also thank you for the well organised queries. A general comment that is to be consider along with ... | |
| Variation Order | 3/25/2009 |
| Q: Many thanks to earlier answers. I'm working from Contractor side and our contract is based on FIDIC ... A: Welcome back. Something is still unclear: you initially indicate you had an original quantity of ... | |
| Objection Against Nominated Subcontractor | 3/25/2009 |
| Q: Is the Contractor entitled to EOT or any other claims due to default of an NSC? ANSWER: Hi again ... A: The FIDIC is not as specific in that respect, but since the draftsmen of that Sub-Clause allowed for ... | |
| Nominated Subcontractor | 3/24/2009 |
| Q: Is the Contractor entitled to EOT or any other claims due to default of an NSC? A: No, that is not possible, as either Subcontractor and Nominated Subcontractor, are under the ... | |
| Interpretation of Clause | 3/24/2009 |
| Q: I am working as QS with a MEP contracting company in UAE; I appreciate your relentless contribution ... A: That Sub-Clause indicate that Contractor should deeply scrutinise the bidding documents, prior ... | |
| Revised baseline schedule prior to issuing Variation order | 3/19/2009 |
| Q: Can the client, after awarding an EOT to the Contractor, refuse to issue a variation order for the ... A: I do not know what kind of Conditions of Contract you're using, but normally, Contractor's request ... | |
| Variation Orders / preliminaries/ overhead | 3/19/2009 |
| Q: I want to clarify something, so am I right that the contractor should not be putting additional cost ... A: Is that a genuine Quatari name, or you're a fan of my country? Concerning your queries, YES, you're ... | |
| Variation orders overhead / preliminaries | 3/17/2009 |
| Q: I am working in the client side as a cost engineer. My question is regarding Variation order ... A: .. Romania, Thank you for your question. I would need to see some detailed Contract Documents for ... | |
| serial delay | 3/12/2009 |
| Q: I would like to know the meaning of serial delay. A: Please provide me with a few details on the context where you met that, so I can answer properly. I ... | |
| Provisional Sums | 3/12/2009 |
| Q: I am working for a construction company as a quantity surveyor. The project General Conditions of ... A: As I can not see the Contract documents, I can not provide a definite answer, but in my opinion, ... | |
| laws | 3/12/2009 |
| Q: ! Can you help me with following questions: 1. What constitutes a variation? Can you drovide me the ... A: As mentioned earlier, I believe you're currently facing a case and that's why you raised those ... | |
| fidic | 3/10/2009 |
| Q: My queston is that in a lumpsum contract(constructon-design and build), during the execution of the ... A: Employer cannot modify the Contract on his own, the Contract can only be modified through addendum ... | |
| fidic | 3/10/2009 |
| Q: My queston is that in a lumpsum contract(constructon-design and build), during the execution of the ... A: Employer may indeed be able to control the amount of works, by omitting some of the original works, ... | |
| Cancelling construction Contract | 3/9/2009 |
| Q: In August 07,we signed what we believed was a design contract to to produce drawing to build a ... A: Did you made initially any written agreement, including assumed value? As I don't know your ... | |
| fidic | 3/9/2009 |
| Q: what should the the way out for a contractor, if the client/owner tries to fix limits/ceilings on ... A: but I am afraid however, I did not fully understand it. Please clarify what is your case. Is it a ... | |
| instructions of the Engineer | 3/4/2009 |
| Q: I am back again with an issue under FIDIC Red book 1999 edition. As per clause 3.3 the Engineer may ... A: I understand you're the Engineer. As that is not a variation, in my opinion you should not need ... | |
| instructions of the Engineer | 3/4/2009 |
| Q: I am back again with an issue under FIDIC Red book 1999 edition. As per clause 3.3 the Engineer may ... A: Glad to hear again from you, thank you for your question. That would be a healthy habit, but that ... | |
| Instruction after PAC in a delayed situation | 3/2/2009 |
| Q: I am working for a Contractor We are working to a Owners Contract I am preparing an EOT claim. The ... A: I understand that PAC was issued when the works were finalised, respectively a period for ... | |
| Instruction after PAC in a delayed situation | 3/2/2009 |
| Q: I am working for a Contractor We are working to a Owners Contract I am preparing an EOT claim. The ... A: but for enabling me to answer, please indicate what kind of Conditions of Contract are you using and ... | |
| Variation Payment | 3/1/2009 |
| Q: I am project manager in a consultant company in Dubai, tha case is the work was suspended for 6 ... A: I strongly believe you should be paid immediately. In the Monthly Statements, Contractor includes ... | |
| Contractor's Right for Loss of Profit | 2/28/2009 |
| Q: One of our building project contract is terminated by the Employer after completion of piling, due ... A: You're welcome Javas, Seem I was 100% correct in my assumptions. My previous answer is thus fully ... | |
| Contractor's Right for Loss of Profit | 2/28/2009 |
| Q: One of our building project contract is terminated by the Employer after completion of piling, due ... A: As you did not indicate in which country is that project, nor what kind of Conditions of Contract ... | |
| Payment on termination | 2/26/2009 |
| Q: We have a project in UAE valued at 150 million Dirhams, tendered late 2006 and it is fixed price ... A: Glad I could help. As for that bet, probably because the boss was positive he's right! Or, he kindly ... | |
| Emloyers Failure to claim Liquidated Damages | 2/26/2009 |
| Q: 1) We are working as a Contractor on a project where final accepance is to be imminent. 2) According ... A: Welcome back, thank you for the details. Now, let's take it logically: Employers are in general, ... | |
| FIDIC Clause 14 Programme | 2/25/2009 |
| Q: "Generally under FIDIC contract, the programme must be approved by the Engineer. This is reasonable ... A: Assume you're using '87 FIDIC. I don't have that book at hand, but there should be a deadline, 21 ... | |
| Payment on termination | 2/25/2009 |
| Q: We have a project in UAE valued at 150 million Dirhams, tendered late 2006 and it is fixed price ... A: Sorry for this rather late answer, comparing to my usual response time, but as I did not have at ... | |
| Emloyers Failure to claim Liquidated Damages | 2/24/2009 |
| Q: 1) We are working as a Contractor on a project where final accepance is to be imminent. 2) According ... A: In your text, you indicate "couldt". That means "could", or couldn't"? Secondly, what FIDIC ... | |
| Price Adjustment-Rebate | 2/23/2009 |
| Q: We are executing a Contract in India based on FIDIC Red Book 1987. The Contractor at the time of bid ... A: Normally, an amended BOQ should be drafted, including all rebated Unit Rates, which are to be ... | |
| Extension of time | 2/23/2009 |
| Q: Under FIDIC 1984, if valid requests for an extension of time are ignored by the client and the ... A: What do you mean by "ignored". Did you not receive ANY answer?! I don't have at hand the '87 Book ... | |
| Remeasurement contract | 2/23/2009 |
| Q: Please allow me to ask some questions as follows: Q1. I refer to a BQ contract which is based on GC ... A: I believe you have there a poorly prepared bidding document, which you (assume you're working for ... | |
| Construction/ Subcontract/Lumpsum Contract | 2/18/2009 |
| Q: In a lumpsum contract agreement, a subcontractor executed additional quantity, of an item for which ... A: I am afraid I don't have at hand such a definition, probably an Oxford Dictionary would help. ... | |
| construction law | 2/17/2009 |
| Q: ... topic is below... but i am confused with the meaning of that topic...does it mean that the owner ... A: In general I am quite happy when people are getting back to me, with additional details and we ... | |
| EOT Claim | 2/17/2009 |
| Q: I am a Sr. contract Administrator.Which Document do you reffer while preparing an EOT claim? A: Assume you're working on the Contractor side and want to prepare an EoT Claim. Firstly, you gather ... | |
| contract termination | 2/17/2009 |
| Q: during construction, if the contractor finds that owner gives away all the rights to other firm then ... A: I am not sure what is that confusion about. You indicated the Owner sells his rights and asked what ... | |
| Construction/ Subcontract/Lumpsum Contract | 2/17/2009 |
| Q: In a lumpsum contract agreement, a subcontractor executed additional quantity, of an item for which ... A: If a Contractor/ Sub-Contractor does more than he was told, as long as no instruction for such ... | |
| contract termination | 2/16/2009 |
| Q: during construction, if the contractor finds that owner gives away all the rights to other firm then ... A: I understand that Owner, say a developer, sell his rights, i.e. someone else will become the Owner, ... | |
| EOT | 2/14/2009 |
| Q: Working on project in UAE as subcontractor using fidic, Where we have claimed for an EOT and given ... A: Understand you're using FIDIC '99. In theory, yes, claims not notified within those 28 days are to ... | |
| Delay and Disruption, Employers Risk | 2/13/2009 |
| Q: I, am an article clark looking for the following: Where would I find international case on law on ... A: Not sure where you can find such cases, as they may be different from one country to another, etc. ... | |
| Mechanic's lien | 2/11/2009 |
| Q: I (the client) paid every month the general contractor for the works he performed without any ... A: glad to 'meet' a co-national. There are indeed countries where a subcontractor can place a lien on ... | |
| FIDIC 1987 4th Edition (adapted) | 2/10/2009 |
| Q: I work for a Main Contractoron a Hotel project in Dubai. The Employer directed the Engineer to ... A: You're obviously facing a dictatorial Employer and should think already about disputes/ Arbitration. ... | |
| Letter of intent & Termination | 2/8/2009 |
| Q: Can you please provide some advise, I have been involved with a project in Dubai that has recently ... A: which I believe you actually addressed to a colleague of mine, as I am not "John" at all. I am not ... | |
| Cancellation of particular items in a lump sum contract | 1/29/2009 |
| Q: In a lump-sum contract the employer desire to cancel particular items which have a specified price ... A: Is there any Contract Clause saying something about a limit of 15%?! If it is, I would assume it ... | |
| Cancellation of particular items in a lump sum contract | 1/29/2009 |
| Q: In a lump-sum contract the employer desire to cancel particular items which have a specified price ... A: yes, your understanding is correct. My point is: you have to do all the works you indicated. When ... | |
| Fidic D&B yellow book Cl.15 | 1/29/2009 |
| Q: further to my previous query, i would like to add another proposition to it. As there is no ... A: Welcome back. What do you mean you don't have any provision to vary the Contract Price?! Please ... | |
| Cancellation of particular items in a lump sum contract | 1/28/2009 |
| Q: In a lump-sum contract the employer desire to cancel particular items which have a specified price ... A: Providing the Employer is not doing that for executing the omitted works by himself, or hire another ... | |
| Drywall problem | 1/26/2009 |
| Q: I own a drywall company and I am the only employee there. I do all the bidding and measuring, and ... A: I must start by saying the answer depends very much on the place where you are, as your problem is ... | |
| loss of profit | 1/26/2009 |
| Q: The Contract is FIDIC Red Book 1999 I am a main contractor that hired a Sub Contractor to carry out ... A: welcome back. I would assume yes In case it was the Employer omitted those quantities, you would ... | |
| Can I call my claims as Prolongation Cost? | 1/24/2009 |
| Q: My contract works as general civil in Semi-Shutdown Project in Chemicals Plant in Thailand, it ... A: I believe you should start from the original workplan and demonstrate all delays you were suffering. ... | |
| Is there is any obligation after the expiration date of the contract between employer and consultant | 1/23/2009 |
| Q: In a variation done between employer and consultant If there is any condition may be finished after ... A: Mind you, we're talking about a "Services" Contract, thus it may well not be as related to the ... | |
| Is there is any obligation after the expiration date of the contract between employer and consultant | 1/23/2009 |
| Q: In a variation done between employer and consultant If there is any condition may be finished after ... A: Welcome back, I believe I understand now: You have a Works Contract that is extended, for whatever ... | |
| Is there is any obligation after the expiration date of the contract between employer and consultant | 1/22/2009 |
| Q: In a variation done between employer and consultant If there is any condition may be finished after ... A: I am afraid I don't understand your question. What do you mean by between Employer and Consultant? ... | |
| Re: Engineer's Decision under FIDIC | 1/22/2009 |
| Q: Is the Engineer while making Engineer's Decision under clause 67.1 of FIDIC (1987) obliged to give ... A: Yes, he is. Engineer is there to give such decision for justified reasons, not to make decisions at ... | |
| FIDIC D&B contract Clause 15 Termination | 1/22/2009 |
| Q: I am writing further on it due to the curiosity developed about how to dealt such a circumstance and ... A: You're welcome, always glad to help. Yes, interesting debating point .... As I am not an author ... | |
| Extension of time claim | 1/22/2009 |
| Q: I would like to know whether week end shall be included or excluded in the calculatio of EOT. (eg ... A: You should normally have a definition of "DAYS", in your Contract, which generally means "Calendar ... | |
| FIDIC D&B contract Clause 15 Termination | 1/21/2009 |
| Q: Fidic General conditions does allow the termination of contract for convenience. But there are ... A: While understanding where you're coming from, I can not prevent myself noticing you're in the ... | |
| FIDIC D&B contract Clause 15 Termination | 1/21/2009 |
| Q: Fidic General conditions does allow the termination of contract for convenience. But there are ... A: FIDIC indeed allows you under Sub-Clause 15.5 to terminate the Contract, "at any time for the ... | |
| Engineer's supervision/Inspection fees on Extension of Time | 1/21/2009 |
| Q: sir if an employer is giving Extension Of Time for a project without any penalty or prolongation ... A: If there was an EoT, it means there were no delays imputable to the Contractor and as long as ... | |
| cancellation of project | 1/21/2009 |
| Q: my client has undertaken a project for hiring of cranes at a construction site. the minimum hire ... A: Welcome back Pradeep, Not sure the Global crisis can be considered a force majeure. While that may ... | |
| Engineer's supervision/Inspection fees on Extension of Time | 1/21/2009 |
| Q: sir if an employer is giving Extension Of Time for a project without any penalty or prolongation ... A: glad to hear again from you. You have there two separate contracts, one for works and one for works ... | |
| cancellation of project | 1/20/2009 |
| Q: my client has undertaken a project for hiring of cranes at a construction site. the minimum hire ... A: I'd need to know the type of Conditions of Contract and the reason for the Owner to cancel the main ... | |
| Testing- Delay | 1/12/2009 |
| Q: I work for a Project Management company and I am facing the following scenario: The project is ... A: Firstly, I believe indeed the Employer is responsible for that. But: under Sub-Clause 9.2, it reads ... | |
| Loss of Profit Claim/Calculation | 1/9/2009 |
| Q: My company had a contract as subcontractor and I would like to give you as information as the ... A: Also thank you for provided information, but please also indicate the type of Conditions of Contract ... | |
| engineer's inspection | 1/7/2009 |
| Q: I'm working for consulting company on a building project under JCT contract as an Engineer. Now I am ... A: It's good you have a lump sum contract! Suggest you think about a plan for the QA/QC, and propose ... | |
| engineer's inspection | 1/7/2009 |
| Q: I'm working for consulting company on a building project under JCT contract as an Engineer. Now I am ... A: Sorry about that, Rado. I'd suggest you agree a set of random measurements, that would be ... | |
| engineer's inspection | 1/7/2009 |
| Q: I'm working for consulting company on a building project under JCT contract as an Engineer. Now I am ... A: happy new year to you too! Thank you for coming back. I am not familiar with the JCT Conditions ... | |
| bidder as joint venture but lead partner to sign the contract | 1/4/2009 |
| Q: A joint venture of two construction firms bid for the job and is lowest evaluate.Its lead partner in ... A: By "have broken up", I understand you mean you and the other partner don't want to maintain the ... | |
| wrong mix of concrete used | 1/2/2009 |
| Q: i would appreciate if you could advise me with this: During the construction of a project cube ... A: welcome back. Glad I could give some useful answers to your previous questions. I assume "jct sbc/q ... | |
| Supplier vs Subcontractor | 12/31/2008 |
| Q: I won a proposal from a Contractor to reproduce a sculpture for an Educational District in the ... A: happy new year! Thank you for your question. In replying to your query, I must underline I'm ... | |
| architect verbal instruction mistaken | 12/30/2008 |
| Q: i would appreciate it if you could help me with this: in week 5 of a project the architect issued a ... A: Firstly, I'd suggest you check the Contract provisions in terms of Communications, i.e. to whom ... | |
| suspension of work | 12/29/2008 |
| Q: I would like to know if a contractor is entitled to claim material off site in case of suspension of ... A: The Construction Industry world is so large, I am positive there must be something, but I am not ... | |
| Misuse Escalation claim | 12/24/2008 |
| Q: Sir Lumpsum contract, location dubai, FIDIC red book, Escalation clause active I am working with ... A: I believe I'd need some more information for providing a definite answer, but let me try finding a ... | |
| suspension of work | 12/24/2008 |
| Q: I would like to know if a contractor is entitled to claim material off site in case of suspension of ... A: That depends upon the actual Contract Conditions. It may be the case, that certain materials were ... | |
| Overhead & Profit | 12/21/2008 |
| Q: my current project is based on FIDIC'99 Red Book. Present stage, project is almost completed 50% ... A: Employer is indeed allowed to omit part of the Works, i.e. certain items in the BoQs, providing he ... | |
| Tender drawings | 12/20/2008 |
| Q: The project has boundary wall. Outside of the wall is sea. Bottom portion which is in water has a ... A: Since the precast elements are done, or to be done by others, I don't understand what is the ... | |
| Prolongation Cost | 12/19/2008 |
| Q: I work for a civil engineering contractor. We have been awarded an extension of time for a road ... A: You should normally demonstrate the incurred costs, thus I'd suggest you refer to the cost of ... | |
| Contractor is not willing to sign the contract | 12/17/2008 |
| Q: Sir Thanks for your valuable time The Client has issued the LOI & LOA and the Contrcator has duly ... A: Firstly, if no Contract Agreement signed, Contractor can not accede the site at all, thus can not ... | |
| Query | 12/16/2008 |
| Q: There is a situation that the client have paid us the 20% down payment when the project awarded to ... A: As concerns the first matter, suggest you check in your Contract Conditions, as in some cases/ ... | |
| Acceleration costs and Premuim Time Evaluation | 12/10/2008 |
| Q: Its been quite a while, I hope I find you well. Sorry again to bother you with a long question Today ... A: no problem about lengthy queries, as long as they're clear. Assume it's a Red FIDIC. The way I see ... | |
| Lump Sums | 12/5/2008 |
| Q: Please, clarify me one thing: as I know for the lump sums, we need invoice the amount wihtout ... A: I was suspecting that's the location. And I think I can guess the Beneficiary either. As concerns ... | |
| Interim payment and monthly progress report | 11/20/2008 |
| Q: I started a new project using the red book 1999 edition and what i want to ask you is related with ... A: The incomplete Contractor's Report, or even its absence is not a reason for rejecting the ... | |
| Limit of Liability | 11/19/2008 |
| Q: In a subcontract for engineering services, it provides: “The Engineer’s total/cumulative liability ... A: So we are not talking about an Engineer, but about an engineer, or rather a engineering design ... | |
| Limit of Liability | 11/19/2008 |
| Q: In a subcontract for engineering services, it provides: “The Engineer’s total/cumulative liability ... A: I am not sure I understand the actual role of the Engineer, as in general, the Engineer is hired by ... | |
| FIDIC 1999 Clause 13.8 Price Escalation | 11/19/2008 |
| Q: 1 Is my understanding correct: Based on the formula, the price adjustment factor (Pn)is applicable ... A: 1. Firstly, while Pn applies to an amount, it indirectly applies to quantities of executed works, as ... | |
| Material on site payment | 11/17/2008 |
| Q: GREETINGS FROM SAJI Dear Sir, I am working as a senior contract administrator in a hotel project. ... A: Glad to hear from you and thank you for the question. Firstly, as far as the binding contractual ... | |
| Material at site either 70% of Invoice or BOQ breakdown for material | 11/16/2008 |
| Q: How do we value material on site using fidic 1987 edition(red book).we have a situation in our ... A: We are talking about different percentages: - Contractor has a breakdown of its unit rates, in ... | |
| Site Construction access | 11/16/2008 |
| Q: I have a site where access is afforded by public R/W and a private paved drive. The Contractor has ... A: As expected, AIA are similar to most of any other Conditions of Contract, probably there are some ... | |
| Valuation | 11/15/2008 |
| Q: Please, how are preliminary items effectively priced in construction projects? A: Firstly, it depends what do you include under that definition. As I seen various interpretation of ... | |
| Site Construction access | 11/14/2008 |
| Q: I have a site where access is afforded by public R/W and a private paved drive. The Contractor has ... A: I am not sure what is your actual question, as the text seem a description of facts. I assume thus ... | |
| Material at site either 70% of Invoice or BOQ breakdown for material | 11/12/2008 |
| Q: How do we value material on site using fidic 1987 edition(red book).we have a situation in our ... A: Sorry for this long delay, way out of my usual response time. I am having a very loaded period and ... | |
| Application of BOQ rates | 11/5/2008 |
| Q: I am a Project Manager for an Engineering Construction firm in Dubai and our full-remeasure EPC ... A: It often happens for questioneers to assume I have the same ground knowledge as themselves. Mind ... | |
| fidic 1999 clause 12.4(omission) | 11/5/2008 |
| Q: I need clarification of above mentioned clause to prepare a negative VO with respect to sub-items ... A: 12.4 a) refers to the case when the Contractor starts say some preparatory works and subsequently ... | |
| Application of BOQ rates | 11/5/2008 |
| Q: I am a Project Manager for an Engineering Construction firm in Dubai and our full-remeasure EPC ... A: Firstly, if it's EPC, how do you still use re-measuring? Are you using Red or Yellow FIDIC? Also ... | |
| Preliminary item released based on Time/Value related | 11/3/2008 |
| Q: Lumpsum contract, location Dubai, Fidic (Red book) in the Prelims (general items), there is one ... A: now it's a bit clearer. There is obviously a mistake in the Contract! There are items executed at ... | |
| variation omission clause 12.4 fidic 99 | 11/2/2008 |
| Q: as per change of design there is an omission of quantities came in the drawing and we requested the ... A: Firstly, Sub-Clause 12.4 deals with the cases when there is a cost incurred by the Contractor and ... | |
| Preliminary item released based on Time/Value related | 11/2/2008 |
| Q: Lumpsum contract, location Dubai, Fidic (Red book) in the Prelims (general items), there is one ... A: but I am afraid I can not help this time. Please re-phrase the question(s) clearer, as I did not ... | |
| Civil Engineering | 11/1/2008 |
| Q: Our agreement is based on FIDIC1987. In our agrement Cl.52 is provided for valuation of variation. ... A: Firstly, I assume there was an amendment in the Special Conditions, as the General Sub-Clause 52.3 ... | |
| How to procure if there is no competition? | 10/27/2008 |
| Q: I have to award a project using traditional procurement route. There is only one contractor who can ... A: Welcome back. Since that is the only provider on the market, obviously, it will somewhat impose the ... | |
| How to procure if there is no competition? | 10/27/2008 |
| Q: I have to award a project using traditional procurement route. There is only one contractor who can ... A: In that case, you should go either through direct agreement, either through negotiated procedure. ... | |
| Misuse Clause 39.1 of FIDIC Red book 1987 | 10/21/2008 |
| Q: My question is on clause 39.1 "removal of improper works". On a recent road project in Kenya, the ... A: Firstly, you must demonstrate you were right and Engineer was wrong when instructing you to remove ... | |
| Construction Acceleration | 10/15/2008 |
| Q: right now, i am preparing a Disruption Claim at one of my project at Abu Dhabi-UAE. Excusable ... A: due to health problems. However, prior to that, I'll attempt an answer: I understand you suffered ... | |
| Price escalation(Asphalt Index adjustment) | 10/14/2008 |
| Q: Project is in Delaware. Public school funded with public money. Contract is AIA Document A101/CMa ... A: Please note I am not familiar with indicated type of Contract, thus will base my answer on regular ... | |
| Clause 14.1 program | 10/14/2008 |
| Q: I work for Engineering Consultant as a Sr.Planning Engineer. I am analyzing an Extension of time ... A: Please also indicate "the sequence of links" you're thinking of, as said '87 Sub-Clause does not ... | |
| ommisions in lump sum contract | 10/14/2008 |
| Q: Florin I'm working under JCT lump sum contract with consulting engineer and due to changes in the ... A: I believe the Contractor may have a case there. The minimum he may require, is the workers wages and ... | |
| Clause 14.1 program | 10/14/2008 |
| Q: I work for Engineering Consultant as a Sr.Planning Engineer. I am analyzing an Extension of time ... A: Firstly, you're probably referring to a different Sub-Clause, as 14.1 of FIDIC '99 is the "Contract ... | |
| Claim against an architect | 10/10/2008 |
| Q: When an architect is pressed by a client, ez in my case: I have built a hollow concrete wall ... A: Could you please clarify who pressed you to reinforce the pillars? You indicate "The client keep on ... | |
| Certified Amount | 10/10/2008 |
| Q: Let's say a contractor failed to perform in "Job A" resulting debt to the Client. Now, if the ... A: Welcome back and thank you for the additional details. Firstly, you must always put together issues ... | |
| Certified Amount | 10/9/2008 |
| Q: Let's say a contractor failed to perform in "Job A" resulting debt to the Client. Now, if the ... A: I understand you have two DIFFERENT contracts, say A and B. Under A, Contractor owes some money to ... | |
| Material on Site Claim | 10/9/2008 |
| Q: Let's say a contractor claimed item A as MoS this month, can they claim the same item again next ... A: Firstly, you can not claim again for something you have claimed already. In general, MoSs are ... | |
| Claim For Price Escalation | 10/3/2008 |
| Q: As per FIDIC 99: 1- What type of documents should be prepared by the contractor to claim for ... A: I'll answer in the order you listed them: 1- Any documents that sustain the hypothesis of increased ... | |
| Price escalation by EoT and Detailed Claim | 10/2/2008 |
| Q: We are working as a Contractor in this relevant cases and there is NO price escalation agreed in the ... A: I was keep thinking about that query 1. I believe you should actually look at the commercial laws of ... | |
| Design Consultant Claim | 9/28/2008 |
| Q: Based on the Pre Tender Estimate a Design Consultant was selected to Design a tower. Let the said ... A: I fully re-iterate my previous answer, you should definitely be entitled to time extension and check ... | |
| loss of profit | 9/27/2008 |
| Q: The Contract is FIDIC Red Book 1999 I am a main contractor that hired a Sub Contractor to carry out ... A: In that case, the quantities are only estimated, as under any Red FIDIC Contract, that's what ... | |
| loss of profit | 9/27/2008 |
| Q: The Contract is FIDIC Red Book 1999 I am a main contractor that hired a Sub Contractor to carry out ... A: Assume the same Red Conditions of Contract are included in the Contract between you and the ... | |
| Claims | 9/27/2008 |
| Q: Do the contractor have the right to claim for a variation against a change in the local authorities ... A: By all means, yes. That is Subsequent Legislation (FIDIC '87), or Change in Legislation (FIDIC '99), ... | |
| DAB's power | 9/25/2008 |
| Q: Clause 53.4 of FIDIC 1987(4th edition)mentions that - 'if the Contractor fails to comply with any of ... A: Welcome back, thank you for that question. What Sub-Clause 53.4, says is that Contractor must ... | |
| EPC Contract | 9/21/2008 |
| Q: Florin Now we are just in the mobilization stage of an EPC type contract for 2 no's of ... A: Ersun Bey Sellam, Cok tesekur (sorry for my terrible spelling) for your questions. I'll try ... | |
| Converting EOT Claim Into COst claim | 9/21/2008 |
| Q: Sir, I need to know how can we formulate EOT into Cost Claim. In my project we have submitted 200 ... A: Firstly, the Claim must not be accepted by anyone. If you consider yourself entitled to something, ... | |
| EOT | 9/17/2008 |
| Q: Good Day Mr. Florin, My query is; (under FIDIC 87) We had a 3rd party subcontractor at site ... A: Welcome back, long time I didn't heard from you. That should mean your project goes well enough. ... | |
| Claim for Extension of Time | 9/17/2008 |
| Q: I am an engineer on a road project in East Africa working with the contractor. The design drawings ... A: Welcome back and thank you for the redrafted query, as well as for your response itself. Firstly, ... | |
| claiming for the removed material | 9/15/2008 |
| Q: Its been some time since our last conversation. i hope you are still well. we have a situation ... A: Welcome back, thank you for that new query. I understand you had in the BoQ and item for laying ... | |
| LS Contract | 9/15/2008 |
| Q: Good day Florin! A simple issue - We have a LS contract(GCC made under the frame work of FIDIC ... A: Glad to hear I could help. Great we clarified the documents precedence. I am not sure what ... | |
| Claim for Extension of Time | 9/14/2008 |
| Q: I am an engineer on a road project in East Africa working with the contractor. The design drawings ... A: Please note however that quality of answers is also related to the received questions. I am always ... | |
| LS Contract | 9/14/2008 |
| Q: Good day Florin! A simple issue - We have a LS contract(GCC made under the frame work of FIDIC ... A: Welcome back. If you have a Lump Sum contract, how could you possibly have a BoQ? Probably only ... | |
| DAB Tripartite agreement | 9/9/2008 |
| Q: Q1. The Employer and the Contractor had failed to appoint the DAB members in the fist 28 days of ... A: Assume you're using the '99 FIDIC. A1) Sub-Clause 20.3 reads: "This appointment shall be final and ... | |
| Contractor Progress & Site Diary | 9/9/2008 |
| Q: Here again theKnowing the contractor working progress and their records, pls explain the following: ... A: Welcome back. I believe you can agree in the beginning all issues to be included in that diary. ... | |
| Contractor Progress & Site Diary | 9/9/2008 |
| Q: Here again theKnowing the contractor working progress and their records, pls explain the following: ... A: I'll try answering them one by one (assume you're using one of the FIDIC Books). 1) there is no ... | |
| Value Engineering | 9/8/2008 |
| Q: Hai Florin We are working with FIDIC 1999 contract with a clause added in regarding value ... A: Value Engineering means the Contractor identifies a new solution, analyses it and prepares a full ... | |
| Liquidity Damages | 9/7/2008 |
| Q: Please advise if there is a standards rule of calculating Liquidity damages for a project or if it ... A: No, there is no such rule and it's indeed varying upon such aspects, or simple Employer will. There ... | |
| Retention | 9/5/2008 |
| Q: I was directed to you by a friend I believe you can assist me. I hope I find you well. I am faced ... A: Mind you, the text read "Works", not "works". The latter would refer indeed only to the executed ... | |
| Retention | 9/4/2008 |
| Q: I was directed to you by a friend I believe you can assist me. I hope I find you well. I am faced ... A: Your friend must be one of my questioneers, if so, please pass him my regards. I am not sure what ... | |
| changes in pc rates | 8/29/2008 |
| Q: actually I have 2 questions. 1- we have listed pc rates for materials (e.g. WC 350 dhs) and during ... A: They are indeed changing the situation. I am somewhat puzzled, you should have normally deal with ... | |
| changes in pc rates | 8/28/2008 |
| Q: actually I have 2 questions. 1- we have listed pc rates for materials (e.g. WC 350 dhs) and during ... A: Due to abbreviations you used (pc, dhs) I may not fully understood your queries, but I'll try ... | |
| civil engineering | 8/27/2008 |
| Q: what is the variation claim and example for the rate variation. ANSWER: Hello Lalith, I am afraid ... A: I am afraid it is beyond the purpose of this site to send such models, as it's rather meant for ... | |
| Ammendment in Contract | 8/26/2008 |
| Q: If employer wants to add some clause like Bonus Clause or Escalation clause in FIDIC Part II. Can ... A: One must differentiate the following: - procurement procedures - contract conditions. You are ... | |
| Ammendment in Contract | 8/24/2008 |
| Q: If employer wants to add some clause like Bonus Clause or Escalation clause in FIDIC Part II. Can ... A: The Contract can always be modified, providing both Parties agree both to modify and the respective ... | |
| what our our rights | 8/20/2008 |
| Q: Our contractor submitted a "Proposal" on our job to do an addition above our garage. In our ... A: That's great news!!! Now you have the ammo to fight that contractor. If he signed that, it means he ... | |
| what our our rights | 8/20/2008 |
| Q: Our contractor submitted a "Proposal" on our job to do an addition above our garage. In our ... A: As long as the contractor submitted a proposal he is responsible for. No one forced him to put lower ... | |
| Revised Programme | 8/19/2008 |
| Q: Please refer to clause 14.2 from Fidic 1987. If there was concurrent delay and the Engineer granted ... A: Firstly, revised programme has to be submitted by the Contractor at any time it appears to the ... | |
| Claim for Variaton | 8/18/2008 |
| Q: I want to Know if the contractor does not claim within the 28 day, his claim for variation is to be ... A: While indeed that is what the FIDIC Sub-Clause 20.1 is saying, one must be very careful before time ... | |
| FIDIC cluase relating to approval of shop drawings | 8/18/2008 |
| Q: In a past reply to Francis, you have mentioned that su-cluase 3.1 deals with the provision that ... A: Sub-Clause 3.1 obviously exists in both FIDIC books, I was referring to the one in '99 Edition. ... | |
| Country: UAE, FIDIC CONDITIONS OF CONTRACT (FIDIC4) | 8/18/2008 |
| Q: Country: UAE, FIDIC CONDITIONS OF CONTRACT (FIDIC4) 1. What are the actions can be taken to avoid ... A: I'll try answering them in the same order: 1. Well prepared Bidding Documentation, well prepared ... | |
| Constructive Acceelration | 8/14/2008 |
| Q: As a subcontractor working with FIDIC(1999), are we obliged to accelerate when no EOT have been ... A: All contractual relationships between Contractor and Employer are none of Sub-Contractor's concerns ... | |
| price escalation | 8/14/2008 |
| Q: We have a FIDIC Red Book Contract, with "table of adjustment data" according to Sub-Clause 13.8 ... A: In principle, price escalation applies only to items for which indices is provided in the Appendix ... | |
| Evaluation of New Item | 8/13/2008 |
| Q: I have a case where the Analogue CCTV system was specified in the contract. The client requested to ... A: Firstly, please note I am not a specialist in that field, but I am judging the matter only from a ... | |
| Variations to Nominated Subcontractors | 8/12/2008 |
| Q: I am using FIDIC 1992. A P.S. was instructed to a NSC thru the Main contractor. Later on, Some ... A: Please see completed answer. 1. It depends on actual COC provisions, but I would go for the 15%. ... | |
| Monthly Payments | 8/4/2008 |
| Q: In our Contract Started from July 7, 2008. But, the contractor not started the site because of ... A: If the Contractor is late because of your fault he can claim that as well as many other things, as ... | |
| Price Adjustment | 8/2/2008 |
| Q: We have a Price adjustment formula as Vm = 0.85xRxPmx(Mi-Mo)/Mo. We follow FIDIC. Road work ... A: With the amount of received information, there is little I can actually say. I can only assume that ... | |
| Price Adjustment | 8/2/2008 |
| Q: We have a Price adjustment formula as Vm = 0.85xRxPmx(Mi-Mo)/Mo. We follow FIDIC. Road work ... A: Based on received information, I have absolutely no means to understand why 0.85 and why not any ... | |
| Editing of Approved Interim PC's | 8/1/2008 |
| Q: In a remeasurable FIDIC 1987 Contract, by mistake, Engineer approved 100% payment for an instructed ... A: Whenever the Engineer certifies a higher (or lower) amount than actually deserved by the Contractor, ... | |
| Material on site | 7/30/2008 |
| Q: How to compute materials on site against workdone material for monitoring & claims purposes? A: Not sure I have the perfect method, but a suggestion would be to have some records of ... | |
| Termination of Subcontract and defects liability | 7/30/2008 |
| Q: We have terminated the contract with a Subcontractor due to breach of Subcontract and have replaced ... A: Firstly, as far as your Employer is concerned, most likely, you are responsible for everything, ... | |
| Escalation | 7/30/2008 |
| Q: Niculescu, Our construction contract states a formula in clause 70.1 for payment of escalation as ... A: Sorry you had to wait that long, I am finally able to answer your query. Firstly, there is no "the ... | |
| Escalation | 7/28/2008 |
| Q: Niculescu, Our construction contract states a formula in clause 70.1 for payment of escalation as ... A: Extensive indeed, sorry you had to type all that. I am away from my 'library' for the next few ... | |
| Lumpsum Contract / item | 7/27/2008 |
| Q: FIDIC Contract 4th Edition reprinted 1992 Question 1. Is esclation clause applicable on Lump sum ... A: Welcome back. Q1: Normally, it should be applicable, except if the Sub-Clause was deleted in the ... | |
| puchase of materials | 7/26/2008 |
| Q: hope u r doing well. I am working on an infrastrutre dev. project in Dubai. our CoC is same as ... A: I do remember your previous queries and your project, but is good you give me again the whole ... | |
| Termination By Employer | 7/26/2008 |
| Q: Under FIDIC Red Book (1999), can Employer terminate the contractor for work delay? A: Normally no, unless a related Particular Condition was inserted in the Bidding Documents, ... | |
| Authority of Engineer:: additional work to NSC | 7/24/2008 |
| Q: the additional work not in a provisional sum. Has the authority to the Engineer issue an instruction ... A: I had to get back to my library, for checking the indicated Clauses. As far as the NSC is ... | |
| Authority of Engineer:: additional work to NSC | 7/23/2008 |
| Q: the additional work not in a provisional sum. Has the authority to the Engineer issue an instruction ... A: I am not sure I understand what you mean, I assume you say there is some additional work to be ... | |
| Clause 51.1(b) | 7/22/2008 |
| Q: Bridge of 150 meter span was originally included in the main contract of road project of 50 Km ... A: I believe the matter is quite debatable. The Engineer/ Employer are saying the new bridge is a new ... | |
| Clause 52.2 FIDIC 4th Edition | 7/22/2008 |
| Q: 1. Lets say Contract Cost stated in the Letter of Acceptance is US dollar 100 a. Quantity of ... A: That may be an interpretation, or a compromise to use the two overlapping Sub-Clauses. But suggest ... | |
| Clause 52.2 FIDIC 4th Edition | 7/22/2008 |
| Q: 1. Lets say Contract Cost stated in the Letter of Acceptance is US dollar 100 a. Quantity of ... A: That may be an interpretation, or a compromise to use the two overlapping Sub-Clauses. But suggest ... | |
| Contract Drawing Vs BoQs | 7/22/2008 |
| Q: I am from Dubai, working in an infrastructure development project with CoC FIDIC 4th edition 1987 ... A: Welcome back! I believe that is quite a debatable case. Since depth could be calculated, you may ... | |
| Additional payment for fittings | 7/21/2008 |
| Q: I am working as QS for an infrastructure development project in Dubai, which is a measurable ... A: If that is shown as a deviation from the original design you can always claim for a new rate. You ... | |
| Additional payment for fittings | 7/21/2008 |
| Q: I am working as QS for an infrastructure development project in Dubai, which is a measurable ... A: But mind you, it's an uphill, not a lost battle. Good luck! Dear Abdulla, Thank you for coming ... | |
| Additional payment for fittings | 7/21/2008 |
| Q: I am working as QS for an infrastructure development project in Dubai, which is a measurable ... A: that is an issue I like a lot, as I am dealing quite extensively with procurement too. You can ... | |
| Claim for works not given | 7/21/2008 |
| Q: Our company has been awarded a contract with one of the leading construction companies for a value ... A: I'm really glad if I could give a helpful hint. As for preparing the letter for you, I am afraid ... | |
| Negative V.O in a lump sum contract | 7/20/2008 |
| Q: As a finishing work contractor based on a lumpsum contract agreement ,I've been instructed by the ... A: Variations are always possible, sometimes they generate cost increase, sometimes cost decrease. ... | |
| Clause 52.2 FIDIC 4th Edition | 7/20/2008 |
| Q: 1. Lets say Contract Cost stated in the Letter of Acceptance is US dollar 100 a. Quantity of ... A: I know precisely what those Sub-Clauses are dealing with and that was my point: you are talking ... | |
| Claim for works not given | 7/20/2008 |
| Q: Our company has been awarded a contract with one of the leading construction companies for a value ... A: A first answer would be to check for a possibility under the law of the country, to sue for loss of ... | |
| Clause 52.2 FIDIC 4th Edition | 7/19/2008 |
| Q: 1. Lets say Contract Cost stated in the Letter of Acceptance is US dollar 100 a. Quantity of ... A: Firstly, I am surprised you don't indicate anything about Sub-Clause 52.3 that deals precisely with ... | |
| Procedures for Contract Termination by Owner | 7/18/2008 |
| Q: What are the steps and the reasons as per FIDIC clause for contract termination by the Owner ? Note: ... A: Welcome back! Are you telling me you're running a contract and you don't have the contract ... | |
| Procedures for Contract Termination by Owner | 7/18/2008 |
| Q: What are the steps and the reasons as per FIDIC clause for contract termination by the Owner ? Note: ... A: The answer to your first question is in Sub-Clause 63.1, it gives you the reasons and steps, i.e. ... | |
| Subcontractor Demobilization | 7/18/2008 |
| Q: Item 33.1 of FIDIC 4th ed. states the clearance of site on completion but it does not state what ... A: interesting case. If the Contract is finalised, then Sub-Clause 62.2 should be invoked. If the ... | |
| Payment of Preliminaries | 7/18/2008 |
| Q: Referring to your answer to Michael, I would like to ask if the preliminaries are broken into set ... A: You're welcomed and thank you for coming back. If there is such agreement in place, I would assume ... | |
| Bought new built home subcontractors not paid | 7/17/2008 |
| Q: So here is my wonderful issue. We bought a house 1/08 it was a new construction home. After moving ... A: Firstly, congratulations for becoming a home owner. I would expect you have a contract in place and ... | |
| Payment of Preliminaries | 7/16/2008 |
| Q: Referring to your answer to Michael, I would like to ask if the preliminaries are broken into set ... A: Firstly, I believe it worths mentioning that preliminaries should be approached on a case by case ... | |
| Cost escalation clause no. 13.8 | 7/10/2008 |
| Q: madam, from where do we get the values of the coefficients a,b,c,d.what are the adjustment tables. ... A: No problem, it may happen to any of us. As for the required site, I am afraid I can not help. ... | |
| Prime cost | 7/10/2008 |
| Q: I'm in a contract under FIDIC 4-th edition 1999. In the contract is clearly said that Contractor is ... A: I'll take your queries one by one. 1. There is no universal law preventing the Employer doing so, ... | |
| Cost escalation clause no. 13.8 | 7/10/2008 |
| Q: madam, from where do we get the values of the coefficients a,b,c,d.what are the adjustment tables. A: Firstly, "madam" may be somewhat inappropriate for addressing a male person. Appreciate that being ... | |
| Prime cost | 7/9/2008 |
| Q: I'm in a contract under FIDIC 4-th edition 1999. In the contract is clearly said that Contractor is ... A: You mean the Employer modified the General Conditions, instead of amending them through the ... | |
| Prime cost | 7/9/2008 |
| Q: I'm in a contract under FIDIC 4-th edition 1999. In the contract is clearly said that Contractor is ... A: But there is no 4th Edition of 1999 FIDIC! Nor does the 1999 FIDIC have a Clause 58. I assumed you ... | |
| repairs | 7/8/2008 |
| Q: We had a bathtub leak the first night we stayed in our new home. It leaked and caused water damage ... A: I assume there is a contract between you and the seller, which contract should include some warranty ... | |
| Clause 52 (3) | 7/7/2008 |
| Q: With respect to my previous queries on the subject please note the following: 1. I understand from ... A: I take this as a re-phrasing of your previous query. I appreciate the issue is not as simple and in ... | |
| Clause 52 | 7/6/2008 |
| Q: With respect to my previous queries on the subject please note the following: 1. I understand from ... A: What Sub-Clause 52 are you referring at? And where the 10% is coming from. Please provide me with ... | |
| Payment of Preliminaries | 7/5/2008 |
| Q: Not under a FIDIC contract but general. The prelims on this project were evaluated in a boq as being ... A: I would assume the preliminaries are anyway representing a total of the executed works, which you ... | |
| please lets co ordinate | 6/29/2008 |
| Q: would tou explain the basic differences between FIDIC 1987 and FIDIC 1999 in short by statin or ... A: I am afraid that would go require a fairly extensive answer, rather constituting a whole article for ... | |
| Site instructions | 6/26/2008 |
| Q: When an verbal instruction is given and the site manager writes out an confirmation to an verbal ... A: I am uncertain on what Conditions of Contract you're using and what is the actual contractual ... | |
| please lets co ordinate | 6/25/2008 |
| Q: would tou explain the basic differences between FIDIC 1987 and FIDIC 1999 in short by statin or ... A: I am afraid that is quite a long answer, but will try make it brief: There were several versions, ... | |
| general contractor laws | 6/21/2008 |
| Q: How and under what circumstances can a homeowner sue a general contractor? A: Firstly, whenever considering a claim against the other Party, regardless you take that to a court ... | |
| exaggerated unit rates | 6/16/2008 |
| Q: Im working as QS Engineer. My question that we have items for Audio/Visual system and described in ... A: I understand you have some items in the BoQs, without any description, nor in the BoQs preambles, ... | |
| Claim | 6/12/2008 |
| Q: (Our contract if FIDIC based) Am working for a road and bridge contraction company in UAE, our ... A: 1. You may build up your case, for losses you are suffering after the original deadline of ... | |
| Claim Dispute | 6/11/2008 |
| Q: Mr. Florin. I have problems with the Dubai Municipality Conditions of Contract here, which I think ... A: Welcome back, thank you for the sent link and sorry to hear about these problems. I had a quick ... | |
| Contractor's Preliminaries | 6/9/2008 |
| Q: I am a QS for Main Contractor. As we know, the preliminaries item is our running cost for a project, ... A: Could you please indicate what Sub-Clause is that? According to FIDIC, you are entitled to an ... | |
| Contractor's Preliminaries | 6/8/2008 |
| Q: I am a QS for Main Contractor. As we know, the preliminaries item is our running cost for a project, ... A: I would need more data about your contract for giving a better answer, i.e. type of Conditions of ... | |
| Nomination under Fidic 4th | 6/4/2008 |
| Q: I am currently post-contract on a building project. The landscaping element is a provisional ... A: I thought you're a Contractor. Instead of tendering the landscaping, you better let the Contractor ... | |
| Nomination under Fidic 4th | 6/4/2008 |
| Q: I am currently post-contract on a building project. The landscaping element is a provisional ... A: If the Client has tendered the landscaping he should hire the respective contractor. But since that ... | |
| claim | 6/3/2008 |
| Q: How are u doing? I have a query here. After 6 months from the commencement of my project the ... A: Looks like your contract isn't getting any better. 1. You should be able to claim for any ... | |
| construction law | 6/2/2008 |
| Q: please give examples of a construction contract that was terminated because of a merger, release, ... A: Would you please detail your actual question? Please define "merger", "release", "novation" and ... | |
| homeowner changed mind? | 5/30/2008 |
| Q: I have been contracted to do an addition for a lady, She gave deposit we started, she pulled us off ... A: In such a case, I am afraid the lady will have to pay. That's on the contractual side. But as you ... | |
| condition of particular application | 5/30/2008 |
| Q: I can't find Part II of FIDIC. Please, tell me upon which condition is 70.1 clause applicable.A ... A: Where are you looking for that Part II?! They are the Particular Conditions and can find them in the ... | |
| Loss of profit in claims | 5/29/2008 |
| Q: In a claim situation, where the contract does not stipulate what can be included/excluded in a claim ... A: In general, for each Sub-Clause the Claim is based on, Contractor may ask for Extension of Time, ... | |
| P.S. Item Under FIDIC 1987 Lump Sum | 5/28/2008 |
| Q: Niculescu: We have a situation whereby the P.S. item amount currently under consideration is higher ... A: I do not have a FIDIC '87 at and, but in general, the definition of a Provisional Sum is an amount ... | |
| homeowner changed mind? | 5/27/2008 |
| Q: I have been contracted to do an addition for a lady, She gave deposit we started, she pulled us off ... A: As I understand it, you carried out some works for the kitchen and you did that. Presuming the lady ... | |
| Variation | 5/27/2008 |
| Q: I have the the following situation. The Employers' Requirements give the opportunity either to ... A: I may be wrong, but based on the presented information, the way I see it, the Engineer is not quite ... | |
| Variation | 5/27/2008 |
| Q: I have the the following situation. The Employers' Requirements give the opportunity either to ... A: Nice to hear again from you! Firstly, I believe you should not have left a 'float' in the Tender ... | |
| fidic- extension of time | 5/27/2008 |
| Q: based on fidic 89,how can we claim for unit rate variation under extension of time and after ... A: Generally, unit rate modifications can only be requested when a significant variation in quantity ... | |
| Builder - Not paying | 5/24/2008 |
| Q: Builder borrowed $3500 from me to buy insulation for a home he was building. I was promised to get ... A: The way it looks, it's not necessarily related to construction field, as you simply lend some money ... | |
| general contracting | 5/21/2008 |
| Q: As the California general contractor, I hired a subcontractor to do some asphalt repair, install two ... A: Glad to see you're so enthusiastic, let me try not disappointing you. You say there is no contract ... | |
| general contracting | 5/21/2008 |
| Q: As the California general contractor, I hired a subcontractor to do some asphalt repair, install two ... A: Suggest you first check what says the contract with your Sub-Contractor in respect of ... | |
| Roofing Contract | 5/18/2008 |
| Q: I recently signed an agreement with a roofer. The piece of paper I signed basically states the work ... A: Sorry to hear about your problems. It's a shame when that sort of people are making a shame for ... | |
| Descripancy between Architectural & Structural Drawings | 5/18/2008 |
| Q: The structural drawing did not correctly show the structural detail pertaining to an architectural ... A: I am afraid the Contractor has no case, as he is indeed required to do/ design the works to be "fit ... | |
| Preliminary & General Costs | 5/15/2008 |
| Q: What are P&G's in construction contracts and how are they dealt with when an Extension of Time is ... A: I believe there is an answer about P&G that I gave a while ago, suggest you have a look through the ... | |
| Letter of Acceptance | 5/6/2008 |
| Q: With respect to my previous queries on the subject please note the following: 1. I understand from ... A: I think however, I may have not as clear: 1. Please check if your contract requires a Contract ... | |
| Delayed commencement date | 5/3/2008 |
| Q: Sir, I am a fit out contractor based in Dubai. we signed a subcontract agreement based on FIDIC ... A: Firstly, as you indicate a "main contractor", I have the feeling you are actually a Sub-Contractor. ... | |
| construction law | 5/2/2008 |
| Q: what is the difference between site instruction and dayworks A: Welcome, thank you for the queries. Site Instruction: - the Engineer instructs the Contractor to do ... | |
| Letter of Acceptance | 4/29/2008 |
| Q: We have finalized a construction contract. However, we would like to delay the signing ceremony. Can ... A: SEE ADDED ANSWER AT THE BOTTOM!!! Welcome back and thank for your new query. Firstly, I understand ... | |
| Constant in FIDIC price adjusment formular | 4/22/2008 |
| Q: Can contractor request to change the " constant " in FIDIC price adjustment formula? How does the ... A: The constant is established in most cases by the Employer, at the time he prepares the bidding ... | |
| AGAIN - Variations Under 51.1 (a) | 4/18/2008 |
| Q: Sorry to disturb you again, actually I have red your answer for the question regarding 51.1 (a) ... A: I accept with pleasure these challenges, it's quite interesting to get this kind of ... | |
| Variation under Clause 51 (1) | 4/18/2008 |
| Q: With reference to my earlier question, if I were to be more precise, I would add that the adjacent ... A: The answer would be exactly the same. I strongly believe it's a matter of discussing and mutually ... | |
| AGAIN - Variations Under 51.1 (a) | 4/17/2008 |
| Q: Sorry to disturb you again, actually I have red your answer for the question regarding 51.1 (a) ... A: glad I stirred you up for that 'debate'. Please read the whole Sub-Clause and all other related ... | |
| PC rate (Prime Cost Rate) | 4/17/2008 |
| Q: Can you Please help with this case, I have a lump sum contract with PC rates (Prime Cost rates), now ... A: Firstly, please come back to me and give me the definition, as per the Contract of "Prime Cost". The ... | |
| Increase in price | 4/15/2008 |
| Q: As you may aware that price of steel went double from last year (More than USD 1000 per ton) so our ... A: Again, I am affraid you're cornered with that. I would try however using to the maximum the price ... | |
| Clause 51 (1) | 4/15/2008 |
| Q: A contractor is presently executing a contract to construct 3 typical blocks of building. If the ... A: I assume you're using the Red FIDIC '87. Execution of a fourth block, although very similar with ... | |
| Ban on Export of cement | 4/13/2008 |
| Q: I'm working in one irrigation dam project in Nepal. As per the contract all the construction ... A: I understand it was you that decided at the time of bidding, to bring steel and cement from India ... | |
| price escalation clause | 4/12/2008 |
| Q: what is the FIDIC's price escalation clause no. and how does it protect the contractor A: The Sub-Clause you're looking for is 13.8. - Adjustments for Changes in Cost (FIDIC '99). It's ... | |
| Time and cost | 4/11/2008 |
| Q: I'm in Nepal now. I work for the contractor. We use red book FIDIC 1987 fourth edition. Government ... A: You should firstly go to Sub-Clause 53.1 - Notice of Claims (mind the 28 days deadline) and ... | |
| Escalation and Extended OH | 4/9/2008 |
| Q: Employer reduced the scope after bidding with euro 1 million and signed an MOU that states he will ... A: I am not sure I fully understand the context, so I'll make first a short review. I understand there ... | |
| Adjustment for changes in price article 13.8 | 4/7/2008 |
| Q: The contract includes this article of 13.8 but it states also if no index for the change is ... A: Yes, unfortunately I have to confirm your understanding is correct. No indication in the Appendix to ... | |
| quantity surveying | 4/2/2008 |
| Q: 1.what are variation orders? 2.what are monthly payment certificates?why are they necessary?how are ... A: Welcome and thank you for your questions, here are your answers: 1. Variation Orders are a ... | |
| cost load | 4/1/2008 |
| Q: How are you , I hope you may remeber me while seing my previous mail as an attachment here. I would ... A: It was clear to me you have a Lump sum contract, but was only astonished to learn you also have ... | |
| cost load | 3/31/2008 |
| Q: How are you , I hope you may remeber me while seing my previous mail as an attachment here. I would ... A: Welcome back! Thanks for calling again. Let's see what your problem is: You indicate BoQs ... | |
| Construction Bond | 3/27/2008 |
| Q: Typically in international trade LC's, shipping documents, inspection certificates and contracts are ... A: I understand you are at the phase of preparing some bidding documents and want to ensure the works ... | |
| Construction Bond | 3/24/2008 |
| Q: Typically in international trade LC's, shipping documents, inspection certificates and contracts are ... A: Please note we're living on different parts of the world, so please do not assume everyone uses the ... | |
| Tender document | 3/23/2008 |
| Q: . It was noticed in some of the tender packages awarded to contractors in the provincial road ... A: but once again I am not sure I understand what is fact your case. Please define "Preliminaries & ... | |
| subcontracter that got fired | 3/23/2008 |
| Q: i subcontracted to brick a home and only had about 3thousands bricks left to lay.and i got hurt on ... A: Firstly, is there any written contract between you and that employer? If yes, please go and check ... | |
| Tender document | 3/21/2008 |
| Q: . It was noticed in some of the tender packages awarded to contractors in the provincial road ... A: I assume you are asking my opinion about amounts of 23 MRs, allocated for Preliminaries & General ... | |
| Revised Programme | 3/19/2008 |
| Q: I am really confused about this term in FIDIC red book 1987, "the revised programme" when submitted ... A: I don't have at hand the '87 Book, but the principle is the following: You have an original ... | |
| Variation order | 3/12/2008 |
| Q: The situation is more critical that I presented. The base of claim affect the design and Employer ... A: Aren't you mixing things? We are talking about you submitting a Claim Notification and being able or ... | |
| Claim/Variation | 3/11/2008 |
| Q: I have the following case: I issued notices to claim according to clause 1.9 Errors in the ... A: So far I had questioners from USA, Australia, UAE, you name it, but you're the first from Romania. ... | |
| fidic D&B '95 | 3/6/2008 |
| Q: Is the method statement a legally binding contract document. The situation is that the Employers ... A: You indicate it was a 'contractual requirement'. Therefore, please do go to the contract and check ... | |
| redress of the partie’s costs of the DAB proceedings | 3/3/2008 |
| Q: Could you please answer to these questions? Has DAB pursuant to any FIDIC Conditions of Contract ... A: now your question is clearer. I strongly believe that is not the case. I made that introduction, ... | |
| redress of the partie’s costs of the DAB proceedings | 3/3/2008 |
| Q: Could you please answer to these questions? Has DAB pursuant to any FIDIC Conditions of Contract ... A: The DAB has to issue a decision on the matter that was referred to them, i.e. such issue has to be ... | |
| conflict | 2/21/2008 |
| Q: in my contract conditions (particular application), a project manager is appointed and acting as a ... A: Feeling the frustration through your lines, I can only assume this is a rhetoric question! The ... | |
| force account work | 2/20/2008 |
| Q: Is there a legal definition available of the delineation of responsibilities when a contractor is ... A: In my opinion, should the Owner order more work to be done, it is wise for both Parties to define ... | |
| Construction liens | 2/18/2008 |
| Q: I have been living a nightmare for 3 years now. I starting building a house in 2005 with a builder ... A: Sorry to hear about these problems. Think you should fired the builder immediately after he started ... | |
| price adjustment | 2/14/2008 |
| Q: according to fidic 1999 clause 13-8,price adjustment formula,the constant a represent what?overhead ... A: That Sub-Clause refers to the non-adjustable portion of the payments under the contract, thus in my ... | |
| LD | 2/12/2008 |
| Q: How r u doing? i am back with queries. 1. In FIDIC 1999, new red book, is there any where clarified ... A: Welcome back!!! Thanks for asking, today I turned fourty and still feel great! Speaking about how I ... | |
| Construction Loan - Finance Company Breach of Contract | 2/9/2008 |
| Q: Florin, I have a construction loan with a financial services company. This company now refuses to ... A: I assume you have a contract with that financial services company, stipulating clearly the money ... | |
| Force Majeure | 1/26/2008 |
| Q: I am back with another question. Honestly ,All the questions i am raising is based on my actual ... A: I'll open up a fan club and nominate you as leader. Welcome back! Generally questions are from real ... | |
| Nominated subcontractor | 1/24/2008 |
| Q: I am back again with a nominated subcontractor. I am a contractor using the new red book. i would ... A: Glad you're back, no problem about lengthy questions, as long as clear details are provided and that ... | |
| Clause 8.4 | 1/22/2008 |
| Q: I want to refer to clause 8.4 (c) of the new red book. It talks about adverse climatic conditions. ... A: It was fast because I am currently sitting in front of my computer preparing a new FIDIC course and ... | |
| Clause 8.4 | 1/22/2008 |
| Q: I want to refer to clause 8.4 (c) of the new red book. It talks about adverse climatic conditions. ... A: welcome back! 1. Where is your project located? Could you, as an experienced Contractor, reasonably ... | |
| New home construction contract | 1/21/2008 |
| Q: My father-in-law has orally agreed with a builder to construct their new home. Should he get a ... A: When deciding to pick me up among the other volunteers, you have may checked previous answers I ... | |
| Nominated Subcontractor | 1/17/2008 |
| Q: I have noted your answer on the above subject to RIZ of 14 January 2008 in which you make reference ... A: The answer was related to that Nominated Subcontractor that appears to be not as qualified, but ... | |
| Cerificate of Making Good Defects | 1/16/2008 |
| Q: Pardon me for being unable to get your gender right from your name (I am from the far east). I ... A: I have the same problem quite often, what I do, is to address with Dear 'Name'. For information, the ... | |
| loss of profit | 1/14/2008 |
| Q: sir, I am a contractor. there is a provisional sum item for signage works in my BOQ/ contract. I ... A: I believe you are entitled to claim for that (Sub-Clause 12.4 gives you the answer), under the ... | |
| Nominated subcontractor | 1/14/2008 |
| Q: sir, i am a contractor dealing with the new red book(FIDIC). I have a nominated subcontractor for ... A: In my earlier answer re Nominated Subcontractors I made a mistake. I somehow got mixed up between ... | |
| loss of profit | 1/13/2008 |
| Q: sir, I feel your replies to the queries, very interesting and valuable. So here is my query. i am ... A: You do not indicate if it's a Red or Yellow book, but as concerns your equerries, you should: 1. ... | |
| Interpretation of Contracts | 1/11/2008 |
| Q: In a contract the employers often supplies site investigation information to the contractor, ... A: I regret you are not happy with my answer, I'll try improving it. Thanks for coming back. As ... | |
| Additon gone bad | 1/10/2008 |
| Q: I hired a contactor to build an additon in Feb 08, I signed a contract in Apr 08 and provided a 10% ... A: I am afraid I can not help too much, firstly because you are referring to some local law (that ... | |
| Interpretation of Contracts | 1/9/2008 |
| Q: In a contract the employers often supplies site investigation information to the contractor, ... A: I believe that is a modification of the original contract and the Builder may somewhat disagree with ... | |
| Contractor trying to collect payment on an original bartering deal. | 12/29/2007 |
| Q: I am a graphic & web designer in Ohio. I was recently contacted by a contractor to design 2 websites ... A: I will do my best to help, but I am afraid you'll need an advise from a local lawyer. As there is ... | |
| Primecost items | 12/26/2007 |
| Q: We are contractors in UAE and the consultant at one of our site had insisted that the prime cost ... A: I understand your Employer, represented by the Engineer (consultant) wants you to take care of all ... | |
| Proposal/Contract Potental Lawsuit | 12/21/2007 |
| Q: My husband is a licensed contractor here, in Wisconsin. In August, he gave a "CARPENTRY PROPOSAL" to ... A: Frankly, under these circumstances, I strongly believe the GC would have hard time in proving your ... | |
| Proposal/Contract Potental Lawsuit | 12/20/2007 |
| Q: My husband is a licensed contractor here, in Wisconsin. In August, he gave a "CARPENTRY PROPOSAL" to ... A: As far as I can see, there is no direct contract, but as your husband started to work that may well ... | |
| Variation and Claims | 12/19/2007 |
| Q: I work for a Consulting Engineer.One of our contractos have claimed for change of BoQ rates that we ... A: If that is what the contract states, no fluctuations can be made. Contractor may claim for ... | |
| Variation and Claims | 12/18/2007 |
| Q: I work for a Consulting Engineer.One of our contractos have claimed for change of BoQ rates that we ... A: In my opinion that is not double counting, but obviously, the onus is on the Contractor to ... | |
| dealing with builder | 12/18/2007 |
| Q: We hired a builder and the contract says the contract is a fixed price contract. Contract draw ... A: Looks like you really got a messy builder. I'd suggest you get a written note from them, saying ... | |
| Variation order | 12/17/2007 |
| Q: Many Thx for ur earlier answers. We have got one new Road contract length of 65km In ethiopia the ... A: hope you found my answers useful as well as the ones from the other colleague. But please note you ... | |
| Omissions | 12/17/2007 |
| Q: We are using FIDIC 1999 and the bills were prepared in a way that for all items we have seperate ... A: I first read the other question and thought you're on the Engineer' side, but now I have the feeling ... | |
| Variations in Remeasurement Contracts | 12/17/2007 |
| Q: I am a graduate QS and needed your advice on dealing with variations in a remeasurement contract ... A: appreciate your cautious approach. In theory, you are right, since no modification of unit rates is ... | |
| dealing with builder | 12/16/2007 |
| Q: We hired a builder and the contract says the contract is a fixed price contract. Contract draw ... A: Sorry to hear about your problems, let's go through your questions and try answer them: 1. ... | |
| Parents are in last draw! | 12/12/2007 |
| Q: I live in Utah with my parents and they’ve decided to hire a builder to extend the house and make a ... A: really glad if able to help. You just confirmed what I thought: the builder mentioned the city ... | |
| Prolongation cost | 12/12/2007 |
| Q: What are the methods for calculation of prolingation costs? Head office overheads can be calculated ... A: I don't have anything at hand right now as I am away from my home, but also need to know actual data ... | |
| Parents are in last draw! | 12/12/2007 |
| Q: I live in Utah with my parents and they’ve decided to hire a builder to extend the house and make a ... A: Deeply regret to hear about that kind of problems, it's unbelievable how little concern some people ... | |
| Discrepancy between 2 drawings | 12/10/2007 |
| Q: We are using FIDIC condition of contract 1999 edition. We have a discrepancy between a finishes ... A: In such a case, you should check documents priority in Sub-Clause 1.5. In case that still doesn't ... | |
| EOT/Prolongation Cost | 12/8/2007 |
| Q: What is the Quantity Surveyor’s role working with a Contractor on the process of submitting a ... A: You indicate the QS dealing with claim preparation. I would suggest you don't leave him alone, as ... | |
| Sea wall failure | 12/6/2007 |
| Q: I had a new 84ft sea wall installed 4 years ago and the header began to tilt 3 years ago and now I ... A: What you describe, it's unbelievable. Suggest you go to the contract you probably signed with that ... | |
| cost claim | 12/4/2007 |
| Q: Many thanks for your earlier answer. I got one more serious issue over here. As I told you before ... A: Looks like you have quite a few issues there, so let's try to sort out this batch now. You refer to ... | |
| Extra work | 12/2/2007 |
| Q: I would like to have one kind suggetion from you for the Mekenajo-Nejo Road Project Ethiopia. In ... A: as well as for your scoring. You are entirely right, new works can well be included under the ... | |
| Extra work | 12/1/2007 |
| Q: I would like to have one kind suggetion from you for the Mekenajo-Nejo Road Project Ethiopia. In ... A: I assume is Red FIDIC '87. Apologise for being away from home and thus unable to read what that ... | |
| Client wants to pause works for few months | 11/26/2007 |
| Q: Niculescu, I am working on a public procurement project. Because of financial and political reasons ... A: I'll try providing you a few suggestions. I understand you are working as Contractor and your ... | |
| Did my builder breach his contract? | 11/21/2007 |
| Q: I live in the state of Virginia. I had a house built and the contract stated that it was to be done ... A: In my opinion, the builder did breach the contract. A deadline is a deadline and must be observed. ... | |
| Title Insurance | 11/18/2007 |
| Q: Can builders provide to buyers a paid in full invoice for all cost related to purchasing the land ... A: After a few days since I provided you the answer, I realised there may be one more aspect. Where ... | |
| Title Insurance | 11/15/2007 |
| Q: Can builders provide to buyers a paid in full invoice for all cost related to purchasing the land ... A: If I correctly understand, you indicate a case where someone buys a piece of land, builds a block ... | |
| Damage done by subcontractor to personal property | 11/15/2007 |
| Q: Good Morning, We recently had a large workshop built in our backyard. We obtained the permits ... A: When we talk about big jobs with intricate contracts, etc, it's a challenge, but when it comes to ... | |
| Prime Cost Contracts - Issues of Reimbursement | 11/9/2007 |
| Q: What approach would you recommend, in order that the prime cost contract did not omit any potential ... A: I am not familiar with Australian Standards, but being an engineer, however used with dealing with ... | |
| New home construction Contract | 11/8/2007 |
| Q: My wife and I signed a contract to build a new home, and now we are having second thoughts. We have ... A: Firstly, congratulations for your initiative to build your own house, I wish you get at that point ... | |
| claims on loss of profit. | 10/26/2007 |
| Q: I want to know which clause in the FIDIC conditions of contract surpports a claim on loss of profit ... A: Firstly, thank you for your appreciation. For us volunteers, is probably like for theater actors, ... | |
| I will not pay until the work is done right | 10/24/2007 |
| Q: I am a home owner and I gave permission for a landscaper to place a control panel on my irrigation ... A: Sorry to hear about your problems, it's very sad when you're personally affected. Let's see what can ... | |
| Interpretation of Contracts | 10/13/2007 |
| Q: In a contract the employers often supplies site investigation information to the contractor, ... A: "FOR INFORMATION ONLY" means that respective information is to be taken just as an indicative ... | |
| getting paid | 10/11/2007 |
| Q: We did work for a Company 2 months ago(we where their sub) have have not gotten paid. They said ... A: It is a shame to hear about the problems you are facing, but I believe you should go back to the ... | |
Construction Law
Answers by Expert:
Florin NICULESCU
Top Expert on this page
Expertise
Question 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
Some 15 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.
Organizations
-1.
Fellow of Romanian Professional Association of Roads and Bridges;
Fellow of Romanian Inter-Ministerial Council for Road Safety
Fellow 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
Currently supporting establishment of Global Road Safety Partnership Romania
Fellow 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)
Past/Present Clients
- Several State organisations/Ministries , such as Ministry of Transport, National Admistration of Roads, Ministry of Development, Public Works and Housing, Central Contracting and Financing Unit in Romania and also in Turkey and Croatia
- Numerous Western based private consultancy companies
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