Questions

[Takeo]

s SubjectDate AskedExpertBuilding Handover5/30/2014Peter M. Elliott  Q: I have a contract for the building of the addition which is finalizing now. What is the procedure ...   A: You must do a punch list of incomplete and non-compliant work for rectification/completion by the ... Ability of changing rate agreed at tender stage, without occuring a variatons5/29/2014Florin NICULESCU  Q: Can the Engineer reduce the rate of some certain item which included another items, if that included ...   A: That is a fairly weird situation, but I believe the Engineer can do it as a Variation. For ... BoQ items and Payment5/29/2014Femi Alofe  Q: In our Contract which is based on 2010 FIDIC MDB Harmonized Conditions of Contract and a ...   A: Firstly, let me advise that, whenever there is a discrepancies between the contract documents like ... Priority of Documents5/29/2014John Dowse  Q: In our Contract which is based on 2010 FIDIC MDB Harmonized Conditions of Contract and a ...   A: Before I proceed to answer, can you confirm that this is not a homework/course work question? I ... Discrepency in BoQ & Specifications5/29/2014Alina Valentina Oprea  Q: In our Contract which is based on 2010 FIDIC MDB Harmonized Conditions of Contract and a ...   A: The Contract is made and should be read in the way it can work, not in the way it cannot work. This ... Sub-Clause 12.35/29/2014Florin NICULESCU  Q: In our Contract which is based on 2010 FIDIC MDB Harmonized Conditions of Contract and a ...   A: Firstly, Works must executed as described in Drawings and Specifications. Hence, that "RCC parapet ... New Rate5/29/2014Peter M. Elliott  Q: In our Contract which is based on 2010 FIDIC MDB Harmonized Conditions of Contract and a ...   A: The Engineer writes to the Contractor asking for his price to do the work. The Contractor submits ... Rate of item5/28/2014Florin NICULESCU  Q: The Condition of Contract is FIDIC 1999 RED BOOK, Method of measurement is BOQ & SMM7 ...   A: At the same time, please only send it once. 1. If conditions are different from what you tendered ... Insurance for clients materials5/27/2014Peter M. Elliott  Q: The expert can't answer your question. Your was:Dear Sir, We are doing water transmission ...   A: As it is a lump sum project, I doubt that you have any basis for a claim. Have you asked your ... Performance Certificate and Security5/26/2014John Dowse  Q: Out Contract based on FIDIC 2010 MDB harmonized Conditions of Contract. The Consultant has issued ...   A: It is good to hear from you again. As far as the GCC are concerned, the Performance Security(PS) ... Partial Taking Over Certificate5/26/2014Peter M. Elliott  Q: Out Contract based on FIDIC 2010 MDB harmonized Conditions of Contract. The Consultant has issued ...   A: I have answered another similar question recently. Anything is possible if it is legal and both ... Performance Security5/26/2014Florin NICULESCU  Q: Out Contract based on FIDIC 2010 MDB harmonized Conditions of Contract. The Consultant has issued ...   A: No, that is not possible under the Contract, unless the Parties specifically agree to change it in ... Performance Certificate5/26/2014Alina Valentina Oprea  Q: Out Contract based on FIDIC 2010 MDB harmonized Conditions of Contract. The Consultant has issued ...   A: The Contract is clear - also in what you quoted form it - that there is a single Performance ... Difference between letter of intent and letter of a ward or acceptance5/25/2014Florin NICULESCU  Q: Kindly advice what is the contractual Difference between letter of intent and letter of a ward or ...   A: You did not indicate the context of your question, but as a general rule: - "letter of intent" is a ... Construction delays by General Contractor5/23/2014Mike Testro  Q: I am a subcontractor on a job that according to bid documents was supposed to be completed in 38 ...   A: The simple answer is YES - depending as always on the conditions of contract and your countries ... termination5/22/2014Peter M. Elliott  Q: a construction contract has been awarded to a joint venture of two companies wherein both parties ...   A: You do not mention the form of contract, nor the applicable law so the following comments are ... quantity surveying5/21/2014Liaqat Hayat  Q: Under an adjusted FIDIC contract(lump sum), a variation omits an entire item. The actual quantity ...   A: Moataz, Thank you for your question

[Mabsant]

ing very briefly, the lump sum price contract is based on ... FIDIC Red Book SC 16.45/21/2014Peter M. Elliott  Q: For a Contract terminated under SC 16.2. FIDIC Red Book 1999 version Sub Clause 16.4(c)states; "pay ...   A: The Contractor has to present his submission of any loss of profit or other loss or damage(all of ... Insurance for clients materials5/21/2014Peter M. Elliott  Q: We are doing water transmission project in Bahrain. in this contract the DI pipes supply by client. ...   A: You do not mention the form of contract nor the applicable law, so the following comments will be ... Performance Certificate/Defects Notification Period/Unattended Defects5/19/2014Peter M. Elliott  Q: Elliott We are supervising a Chinese Contractor(in Guyana, South America) using FIDIC Plant and ...   A: It is unclear whether you have used the word 'section' in the sense of a Section defined in the ... Liquidated Damage5/18/2014Femi Alofe  Q: The Conditions of Contract stipulate that the Contractor would be liable to payment of liquidated ...   A: As usual, thanks for you question. According to what you have described, since the appendix appears ... EOT/Cost Claim5/18/2014Florin NICULESCU  Q: Hope you are doing fine. On a road project, the Employer alleged to have granted possession of Site ...   A: I shall not answer straight away, as there are a few things to be clarified. I shall rather guide ... performance bond5/18/2014Mike Testro  Q: the employer have several branches with head office in UK, as per contract the contractor shall ...   A: If the words in the Contract require that the bond be issued to the UK address then that is what ... Notice under Sub-Clause 13.7 & 20.15/13/2014Alina Valentina Oprea  Q: During the Contract Period, Government has imposed a new Sales Tax on Construction Services provided ...   A: The Sub-clause 20.1 says, about the notice of claim: "If the Contractor considers himself to be ... Claim under Sub-Clause 13.75/13/2014John Dowse  Q: During the Contract Period, Government has imposed a new Sales Tax on Construction Services provided ...   A: Sub-clause 13.7 makes clear that a notice is required from the Contractor under sub-clause 20.1 and, ... Sub-CLause 13.75/13/2014Peter M. Elliott  Q: During the Contract Period, Government has imposed a new Sales Tax on Construction Services provided ...   A: Time bar clause are causing a lot of problems, especially in the courts. I would be generous in ... Legislation Claim5/13/2014Liaqat Hayat  Q: During the Contract Period, Government has imposed a new Sales Tax on Construction Services provided ...   A: I have following comments to offer para wise.(i) The second para of clause 20.1 is quite clear that ... advance payment to consultant5/13/2014Sanjay Khandelwal  Q: I want to enter a contract with consulting company for design and supervision on building project. ...   A: Hello Regarding advance payment to consulting firm usually keeping 10% of of total contract amount ... FIDIC 1987 Legislation Change5/13/2014Sanjay Khandelwal  Q: I am currently administering a project under the FIDIC 1987 terms of contract in Bahrain. Since the ...   A: Hello I am taking the opportunity to reply your question. Regarding CL 70.1 & CL 70.2; it very ... Time Bar on Notifications5/12/2014Femi Alofe  Q: If a claim has been submitted beyond the prescribed period of notification and the Project Manager ...   A: Unfortunately, I do not know which edition of the FIDIC red book you are using nonetheless, one ... LOI5/12/2014Peter M. Elliott  Q: I am working in the contracts team of one of the reputed construction companies. I have just issued ...   A: You do not mention the form of contract nor the applicable law, so the following comments are ... Advance payment5/12/2014Peter M. Elliott  Q: Sir, I am working for a reputed construction company. We have not released advance payment to the ...   A: You do not mention the form of contract, nor the applicable law so the following comments will be ... Expropration and Right of Access to the Site5/11/2014Florin NICULESCU  Q: I’m working for the Contactor in one contract according to Fidic 2010. We received the right of ...   A: I assume it is the Harmonised(Pink Book) FIDIC. Yes, Engineer can hand over the site, on behalf of ... Final total Variation Percentage5/11/2014Peter M. Elliott  Q: Elliot, Kindly inform me of how to correctly calculate the final percentage of total variations in ...   A: For clause 52, the arithmetical sum of the variations is used. So in your case 8%. The intent is ... Defects Liability5/9/2014Alina Valentina Oprea  Q: We are using the Fidic Yellow Book 1999 with amendment. Clause 11.1 of our contract - Completion of ...   A: According to my understanding, your contract says that if a part of the works is repaired or ... Delay5/9/2014Peter M. Elliott  Q: Our contract is based on FIDIC MDB 2010 the applicable law is English. As you are aware for notice ...   A: 1. First you have to decide when a contract existed. As you are operating under English Law, a ... Taking Over Certificate sub-CLause 10.25/9/2014Abdul Majid Khan  Q: FIDIC MDB Harmonized Conditions are being implemented in our Contract. In accordance with the ...   A: TOC for any section or Part can only be issued by the Engineer if such Section has been defined in ... TOC sub-Clause 10.25/9/2014Alina Valentina Oprea  Q: FIDIC MDB Harmonized Conditions are being implemented in our Contract. In accordance with the ...   A: The partial Taking Over can be made, according to 10.2, at the sole discretion of the Employer. ... Sub-CLause 10.1 & 10.25/9/2014John Dowse  Q: FIDIC MDB Harmonized Conditions are being implemented in our Contract. In accordance with the ...   A: The purpose of the Works is that purpose for which they were designed. A hospital is designed for ... Taking Over Certificate5/9/2014Peter M. Elliott  Q: FIDIC MDB Harmonized Conditions are being implemented in our Contract. In accordance with the ...   A: The main advantage, of a partial ToC to the Contractor, is a reduction in the potential for delay ... Page:  

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