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Clause 8.3 - The Engineers Notice of Compliance

3 replies [Last post]
Sun, 2014-09-14 07:22
Rami Al Haddad
User offline. Last seen 4 years 46 weeks ago. Offline
Joined: 16 Jun 2005
Posts: 60
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Dear Members,

 

Background:

Under FIDIC 1999 terms, unless the Engineer, within 21 days after receiving the programme gives notice to the Contractor stating the extent to which it does not comply with the Contract, the Contractor shall proceed in accordance with the submitted programme subject to his other obligations under the Contract.

Situation; Programme submitted and excess of 21 days passed without a reply from the engineer. We proceeded in acoordance with the submitted programme and report progress relative to the same. Sometime down the line we recieve the Engineers comments on the programme!

Question:

Should I still comply with his comments that they were recieved after 21 days from submission?

 

Thanks you

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Replies

Sun, 2014-09-28 00:25
#1
ashraf alawady
User offline. Last seen 9 years 30 weeks ago. Offline
Joined: 27 Aug 2006
Posts: 320
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Hi,

if the engineer failed to give his comments in the stepulated time in the contract then the cotractor has the right to analyis any impact of this delay from the engineer and claim accordigly.

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Tue, 2014-09-16 06:57
#2
Rami Al Haddad
User offline. Last seen 4 years 46 weeks ago. Offline
Joined: 16 Jun 2005
Posts: 60
Groups: None

Thank you Mike for your answer

 

Cheers,

Rami

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Sun, 2014-09-14 18:12
#3
Mike Testro
User offline. Last seen 5 weeks 5 days ago. Offline
Joined: 14 Dec 2005
Posts: 4418
Groups: Building Information Modelling, Content Moderators, GPCCAR Editors

Hi Rami

Yes you should - under protest - but make any adjustments that he may require that are reasonable and do affect the planned work sequence or cost any money.

If he has pointed out real flaws in your programme or requires better detail then you must comply and adjust accordingly.

If you do not comply then any future EoT claim will be blocked and with good reason.

Best regards

Mike T.

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