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Construction Law/Questions
| Subject | Date Asked | Expert |
| Reducing the supply scope | 1/31/2012 | Florin NICULESCU |
| 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 ... | ||
| Deductions. | 1/27/2012 | Senthil Kumar Sellamuthu |
| Q: We are into a Railway Project governed by FIDIC Red bbok 1987.My question is: Can any deductions by ... A: Prashant, Thanks for your Questions. Check with your contracts, if its applicable for the Retention ... | ||
| Deductions. | 1/27/2012 | Ashish Gurav |
| Q: We are into a Railway Project governed by FIDIC Red bbok 1987.My question is: Can any deductions by ... A: As per Fidic, you have to understand that all interim monthly payments are merely adhoc payments and ... | ||
| Programe of works | 1/27/2012 | Wael Ghadban |
| Q: Can the Engineer enforce the submitted program of works A: The engineer should use the contractor's program of work to monitor progress, monitor resources ... | ||
| Additional Claims for Variation | 1/25/2012 | Senthil Kumar Sellamuthu |
| Q: Is site diary and inspection reports confirmed by Engineer's substantial basis for additional claims ... A: EDZ, Thanks for your Questions. Yes, You are right. The Site Diary, Inspection Report, ... | ||
| Fixed Sum in BOQ | 1/24/2012 | ALI IRVALI |
| Q: What is the explanation of fixed sum in the Bill of Quantities? I have Contract conditions clause ... A: I presume that you are working with FIDIC IV which original text revised directly or through your ... | ||
| Contractor to bear travel costs | 1/24/2012 | Florin NICULESCU |
| 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 | Florin NICULESCU |
| 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 ... | ||
| Rate Enhancement | 1/22/2012 | Peter M. Elliott |
| Q: A Contractor made an unforeseen physical conditions claim under an Infrastructural Works Contract ... A: It is always the political, or personal, rather than technical, effects which make construction so ... | ||
| FIDIC 1999 Red book clause 19.6 (b) - Dubai | 1/22/2012 | Peter M. Elliott |
| Q: In the event of a termination [for convenience] the Contractor is entitled to payment under Clause ... A: In this situation, it depends on the costs of the Contractor. If he has to pay cancellation ... | ||
| DAB Decision | 1/19/2012 | ALI IRVALI |
| Q: We are contracted to use FIDIC MDB 2006 version. My question in relation to Sub Clause 20.4-Obtaning ... A: A DAB seems to be a quasi arbitral panel (having some but not all the features). It does not have ... | ||
| performance bond and contract sum | 1/19/2012 | Ashish Gurav |
| Q: What happens to the performance bond premium factored/included into the contract sum when the ... A: By agreeing to use 10% retention money in place of a performance bond, after award of work, both ... | ||
| Rights of the employer regarding Claim matter | 1/19/2012 | Senthil Kumar Sellamuthu |
| Q: Good day! I am Syril, QS from Hanoi Vietnam. I have just some queries regarding claim matter. Our ... A: Syril, Thanks for your Questions. What ever the issues are behind, the contractor are responsible ... | ||
| Electricity / water connections to building | 1/18/2012 | Senthil Kumar Sellamuthu |
| Q: Kumar I am working as construction manager in a contracting co in qatar. My question is, we are main ... A: Tariq, Thanks for your Questions. Normally, this type responsible should clearly mentioned in your ... | ||
| Consultant withdrwal before sustaitial completion | 1/18/2012 | Senthil Kumar Sellamuthu |
| Q: In a government project, the Consultant was not paid consulting fees for 15 month, after ... A: Seif, Thanks for your Questions. Read the below Fidic - Client / Consultant 1998 Clauses. TIME FOR ... | ||
| Right to claim additional costs due to EoT in FIDIC 1999 | 1/18/2012 | Peter M. Elliott |
| Q: Country: Turkey Applicable Law: Turkish law Form of Contract: FIDIC 1999 Dear Peter, In case of en ... A: Consequential loss is a common law concept and thus might not be applicable in this case; one of the ... | ||
| Rate Enhancement | 1/17/2012 | Peter M. Elliott |
| Q: A Contractor made an unforeseen physical conditions claim under an Infrastructural Works Contract ... A: From the extra information, it appears that the Engineer probably has the rights of the case, but he ... | ||
| Rate Enhancement | 1/17/2012 | Peter M. Elliott |
| Q: A Contractor made an unforeseen physical conditions claim under an Infrastructural Works Contract ... A: If we have a re-measurment contract, then it is possible that the Contractor has a valid comment, ... | ||
| hadis | 1/17/2012 | ALI IRVALI |
| Q: What is hadis A: Hadis is a religious term of Islam. The Hadis (Hadith) is the record of the sayings of Prophet ... | ||
| BOQ Item price/amount allocated to Provisional Sum | 1/17/2012 | Senthil Kumar Sellamuthu |
| Q: Under fidic 1999, for a fixed priced lump sum contract, What if the Contractor put notation on all ... A: Jaime, In that above case, the contractor can not get as a provisional Items for "Furnishing ... | ||
| Contract law | 1/17/2012 | Bogdan Oprea |
| Q: A Contract under FIDIC MDB version 2006 for construction of a highway.The Particulat Conditions of ... A: In order to answer to your question I assume that the provisions of the Sub-clause 1.5 remain ... | ||
| BOQ Item price/amount allocated to Provisional Sum | 1/17/2012 | Senthil Kumar Sellamuthu |
| Q: Under fidic 1999, for a fixed priced lump sum contract, What if the Contractor put notation on all ... A: Jaime, Thanks for your Questions. I think your understanding is not correct. "Under fidic 1999, ... | ||
| Feasability study | 1/17/2012 | Florin NICULESCU |
| 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 ... | ||
| variation and additional work | 1/17/2012 | Senthil Kumar Sellamuthu |
| Q: what is the diffrence between Variation and additionl work? how and where to do the value ... A: Qassim, The Variations are basically described from the contracts documents like Drawings, ... | ||
| Discrepancy | 1/17/2012 | Senthil Kumar Sellamuthu |
| Q: if any discripancy occure in the contract between drawings, BOQ, Specification & Method Statement, ... A: Qassim, Thanks for your Queries. 1. I did not get you, how the big discrepancy are availing because ... | ||
| Discrepancy | 1/16/2012 | Senthil Kumar Sellamuthu |
| Q: if any discripancy occure in the contract between drawings, BOQ, Specification & Method Statement, ... A: Qassim, Thanks for your Questions. If, you have any discrepancy with the Contract Drawing to ... | ||
| LIBOR application | 1/16/2012 | Daniel Kazado |
| Q: The amount due to the contractor under any interim payment certificate issued by the engineer ... A: As it is stated in the contract, LIBOR+2% per annum, you shall use the annual (yearly values ) of ... | ||
| Claims | 1/16/2012 | ALI IRVALI |
| Q: The project is widening and improvement of road and the contract is based on FIDIC 1987, reprinted ... A: In case of non-payment of any due amount under Contract, your initial proceeding may be claim the ... | ||
| Fidic 1999 - Engineer's Instructions | 1/16/2012 | Alina Valentina Oprea |
| Q: Under a FIDIC 1999 Contract, the Engineer used to issue letters, drawings, and responses to the ... A: I did not encounter very often such case - generally, the Engineers like to instruct and command - ... | ||
| Force Majeure | 1/16/2012 | Alina Valentina Oprea |
| Q: One of the nearest and major quarries for crushed stone near to site has stopped production ... A: In case it was not specified in the contract or in the tender that the sources of the crushed stone ... | ||
| DELAY PANALTY TO SUB CONTRACTOR | 1/15/2012 | Senthil Kumar Sellamuthu |
| Q: Sir, im working for contracting company in qatar, my project based on qatar condition of contract, ... A: Fira, Please go through the following Clauses 15 - Default of Contractor: Sub Clause - 15.1-Notice ... | ||
| DELAY PANALTY TO SUB CONTRACTOR | 1/15/2012 | Senthil Kumar Sellamuthu |
| Q: Sir, im working for contracting company in qatar, my project based on qatar condition of contract, ... A: Fira, Thanks for your Questions. There is no specific formula for this above delay penalty for your ... | ||
| Calling on Performance Bond | 1/15/2012 | John Dowse |
| Q: "Dear John, Under Fidic 1987 contract; what is the proper procedure by the Employer for a rightful ... A: Presently I am in the UAE (until 25 January 2012) and can meet if desirable. Regarding your query, ... | ||
| B.O.Q PROSUM | 1/12/2012 | John Dowse |
| Q: HOW CLAIM PROVISIONAL SUM EXCEED THAN MENTIONED IN B.O.Q..? A: Provisional sums are usually expended at the instruction of the project Engineer (or Contract ... | ||
| Drawings, Specifications & BOQ | 1/12/2012 | Peter M. Elliott |
| Q: Peter I am in a situation where the client has provided all the drawings & in both drawings & BOQ ... A: My apologies, but, in my haste, I leapt to a solution without answering your query. If the ... | ||
| Partial Omission of Work | 1/11/2012 | Peter M. Elliott |
| Q: Our project is a lump sum contract to construct a high rise building based on FIDIC 1999, we are the ... A: My apologies for the delayed response. You do not mention the form of contract so the following ... | ||
| Contract Claim | 1/11/2012 | Senthil Kumar Sellamuthu |
| Q: We have a signed contract and the value of the contract has been reduced by approximate. 60% after ... A: Tariq, Refer the Fidic 1987 - Clause 52.2 - Power of Engineer to fix rates - Provided that if the ... | ||
| Contract Claim | 1/11/2012 | Senthil Kumar Sellamuthu |
| Q: We have a signed contract and the value of the contract has been reduced by approximate. 60% after ... A: Tariq, Thanks for your Questions. Refer to your above queries you did not mentioned your contacts ... | ||
| Fidic Red Book Release of Retention | 1/11/2012 | Peter M. Elliott |
| Q: I represent the employer. The contractor terminated the contract for cause. The employer had taken ... A: You do not say which version of the Red Book you are using so the following comments are based on ... | ||
| Release of retention sums | 1/11/2012 | Liaqat Hayat |
| Q: I represent the employer. The contractor has terminated the contract under sub-clause 16.2. Do I ... A: Sorry for delayed response which is due to some internet problem. May i respond to your four ... | ||
Construction Law
Answers by Expert:
Senthil Kumar Sellamuthu
Top Expert on this page
Expertise
I gained very good working and practicing knowledge in FIDIC 87 reprinted 92,99, Sub-contract 1994, Civil code of the State of the United Arab Emirates, Qatar Petroleum Contracts and Qatar Public Works Dept. Contracts. I will be answer Pre / Post tender Contractual Analysis, Cost and Time Analysis, Delay / Risk Analysis, Conditions of Contract related Issues to lies within the above mentioned type of contracts forms. I Can not answer other than Gulf Construction Laws / Contractual issues.
Experience
I have 15+ years working experience with Contracts, Consultancy & Project Management encompassing Estimation & Costing, Quantity Surveying, Project Monitoring & Execution, Techno-Commercial Operations, Cost Control, Site Administration and Relationship Management.
Expertise in Commercial & Contractual matters, Quantity Surveying, Valuations, Variations, Budget & Cost Control and Project Claims, Final accounts, Contract administration and Material management.
Organizations
1. IQSA - UAE
2. AACEI - USA
3. RICS - UAE
4. DSE - UAE
5. QSi Member - UK
5. Profile in linkedin.com - http://www.linkedin.com/pub/senthil-kumar/4/6b9/700 [ Edit ]
Education/Credentials
1. Civil Engineering Professional
2. QSi Membership
3. AACEI - Certified Cost Engineer Membership
4. MRICS Professional (On going)
5. MBA (Operation Management) - On going
Awards and Honors
1. Associate Membership from AMIE - Calcutta - India
2. Certified Cost Engineer from AACEI - USA
3. Membership from QS International - UK
Past/Present Clients
1. Al Jaber Engineering - Qatar
2. Morganti Project Management INC - UAE
3. Dar Al Handasah Consultant - UAE
4. Al Shafar General Contracting - UAE
5. ETA - ASCON - UAE
6. C.T.R. & Co., - India
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