Website Upgrade Incoming - we're working on a new look (and speed!) standby while we finalise the project

Tips on using this forum..

(1) Explain your problem, don't simply post "This isn't working". What were you doing when you faced the problem? What have you tried to resolve - did you look for a solution using "Search" ? Has it happened just once or several times?

(2) It's also good to get feedback when a solution is found, return to the original post to explain how it was resolved so that more people can also use the results.

Is it possible to sue an RE?

3 replies [Last post]
Anthony Scarlett
User offline. Last seen 10 years 27 weeks ago. Offline
Joined: 2 Aug 2005
Posts: 27
Groups: None
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...
User offline. Last seen 3 years 17 weeks ago. Offline
Joined: 10 Jul 2005
Posts: 1347
Groups: None
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
User offline. Last seen 9 years 29 weeks ago. Offline
Joined: 2 Jul 2003
Posts: 551
Groups: None
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
User offline. Last seen 10 years 27 weeks ago. Offline
Joined: 2 Aug 2005
Posts: 27
Groups: None
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.