First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol www.eotprotocol.com before submitting a question.
Value . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest bidder, it's well to add something for the risk you run.
And if you do that, you will have enough to pay for something better.
. . . John Ruskin (1819 - 1900)
"We are too poor to buy something cheap"
.Romanian Proverb 2002
A lean compromise is better than a fat lawsuit. George Herbert (English poet 1593-1633)
I said it in Hebrew, I said it in Dutch,
I said it in German and Greek:
But I wholly forgot (and it vexes me much)
That English is what you speak!" Hunting of the Snark - Lewis Caroll
Match your presentation to the reader!
The joy of food lasts but an hour, of sleep but a day, of a woman, but a month, but the joy of a building lasts a lifetime. Syrian proverb.
Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')
Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation
B Sc(Hons) in Civil Engineering
There is hardly anything in the world that some man cannot make a little worse cannot make a little cheaper and the people who consider price only are this man?s lawful prey. John Ruskin (1819-1900), British poet, artist
Try reading earlier questions and answers to see if there is anything applicable to your case. It may help you to define the problem more clearly, or even give a solution. Of course, it will take me even longer to be in the expert of the month list, but do I care? I don't suppose I do, if you get a quicker answer.
To be enforceable, a contract needs five parts:- Offer, Acceptance, Benefit (which does not need to be a cash benefit), Legality and Feasibility. It absolutely does not need to be in writing, except for certain specific cases, although it does help to have something in writing when things go wrong.
Experience in the area
30 years post graduate experience as both a Contractor and a Consultant of construction in UK, Eastern Europe, Africa and Arabia using a variety of forms of Conditions of Contract
Member of the Institution of Civil Engineers, UK
Member of the Society of Construction Lawyers
Member of the Dispute Board Resolution Foundation
|Khushnud||02/06/17||10||10||10||Really an expert to reckon with who .....|
Dear Rohana, Remember that any document can be opened up and reconsidered until the Performance Certificate is issued. 1. The Contractor can always make a counter claim, but will it be valid and
Dear Gjorgji, You can issue such an instruction as a variation, but I would proceed slowly. The Employer, through his designer, has caused a problem. He probably needs the Contractor to provide a
Dear Kishna, Remember that any document can be opened up and reconsidered until the Performance Certificate is issued. 1. The Contractor can always make a counter claim, but will it be valid and
Dear dhafir, 1. I cannot say as I do not know the details of the claim. The Contractor must prove his claim - correct duration entered in programme in accordance with average duration for approvals
Dear Khaled, I would be careful of rejecting a claim due to the time bar in clause 20.1, especially if it was due to an Employer risk, as your decision could be overturned by the DAB or the courts.
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