Guild of Project Controls: Compendium | Roles | Assessment | Certifications | Membership

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NO CLASUE

2 replies [Last post]
Sat, 2004-02-21 07:53
Shahzad Munawar
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Joined: 2 Jul 2003
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If there exist no clause in Contract regarding payment of material advance and Engineer redndered his decision in favour of Contractor under Clause (Engineer’s decision) but Employer refused to pay in absence of any Clause then for this claim what should be the best remedy:

Whether we opt arbitration or law suit
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Replies

Sun, 2004-02-22 02:26
#1
Anil Gupta
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Joined: 18 Aug 2003
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I think Employer has full right to know and stall the payment if Engineer(Consultant)has approve material advance without any justification to contract document. Even if u follow law suit u r gonna loose as ur contract doesn’t specify anything regaring material advance payment.
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Sat, 2004-02-21 21:45
#2
Dinesh Kumar
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Joined: 3 Jan 2004
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Hi there,

1. I presume this engineer you are refering to is the contract administrator.His certification is not final and binding and the client has the right to challenge it.

2.If there no clause in the contract allowing employer to pay for the material then you most likely have no claim so do not bring it further as it is just waste of money and time.

3.Regarding the arbitration or litigation,now a days all contracts has a arbitration clause.if that is in place you only can go for arbitration,except for order 14 cases.

Regards

Dinesh
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