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Is it possible to sue an RE?

3 replies [Last post]
Anthony Scarlett
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Let’s say that an RE lets a contract for a large construction project and that the client is a very stuborn government body with its own procurement rules stipulating extreme requirements of evidence for work done before allowing the RE to certify payment. Let’s say that the client refuses to acknowledge the conditions of contract because their own procurement rules are legally and procedurally binding for themselves.

Is it then possible to sue the RE for letting a contract with terms and conditions that are not able to be performed by the client and, therefore, causing additional adminsistration, non payment for vaiations and delays in payment to the Contractor.

Replies

Charleston-Joseph...
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Yes you can sue an RE if you can establish that the RE goes beyond his duties and responsibilities

Yes you can sue an RE if you can establish fraud.

Shahzad Munawar
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Hi john

Of course, you can sue to RE but keep in mind that these steps you may only take if you are fully prepared and have sufficient proof against RE otherwise you may loose this case.

Furthermore in mostly cases, it has been observed that contractually RE’s stance has more validity than Contractor and Contract itself also supports RE. So take such steps very carefully.
Anthony Scarlett
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Joined: 2 Aug 2005
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Sorry guys just realised that this is covered in another thread. I thought this might be obscure enough for it to make a new thread. Obviously not.