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Liquidated damages

2 replies [Last post]
Puthenpurayil sug...
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Joined: 9 Oct 2006
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Hi
In a lump sum Contact as per FIDIC clause 47.1,If the contractor has not completed the works as per clause 48,the employer should impliment this clause ( 47.1) without any furhter clarification from the contractor ?
If the Client is not doing so, as a consultant we can put a note in this regard to client ?
In condition of contract the duty of consultant in this regard is not clearly mentioned.
Please comment.

Replies

Puthenpurayil sug...
User offline. Last seen 14 years 25 weeks ago. Offline
Joined: 9 Oct 2006
Posts: 11
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Dear Andrews

thanks,as a concultant not as a Project manegemnt we have some limitations..!! If the employer ( the person in charge of that seat ) intentially not care about the "matter" how to be in Rule with FIDIC ?!!

Still all "these are happening "in Lumsump Contract

I will be with You by my qurris here and after ...;

Truly

sugathan
Andrew Flowerdew
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Joined: 14 Dec 2004
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Puthenpurayil,

If the contract requires the notice to be from the Employer then it has to come from the Employer to be valid, unless the Employer has notified the Contractor in some way that he has delegated this task to his consultant.

If he hasn’t, to find out your responsibility as a consultant you will have to look to your contract with the Employer, not the Main contract. I would guess you would at least need to advise the Employer as to the pro’s and con’s of not putting a notice in.