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FIDIC - Clause 54.7 : Approval of Materials not Implie

3 replies [Last post]
Mon, 2008-01-28 07:40
sathis jayaweera
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Groups: Civil Engineering
Dear All

This question related to the FIDIC CoC in a Clause 54.7 : ( Approval of Materials not Implie )

In the clause said : The Operation of this Clause shall not be deemed to imply any approval by the Engineer of the materials or other matters referred to therein not shall it prevent the rejection of any such materials at any time by the Engineer.

Please, if some body can explain that above clause in the sense of purpose, I shall be much appreciated.

Regards

Sathis
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Replies

Wed, 2013-01-16 12:46
#1
Leo Polintan
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Groups: Pinoy Planning Planet Community

IN MY OPINION, THIS CLAUSE MUST BE SUPPORTED BY ANOTHER CLAUSE.

THIS CLAUSE MEANS THAT THE ENGINEER UNLESS MAKE SOME BLACK AND WHITE APPROVAL OF THE MATERIAL IT IS STILL NOT APPROVED. THOUGH THE VERBAL INSTRUCTION OF APPROVAL PREVENTS THE MATERIAL TO BE NOT APPROVED IN THE FUTURE.

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Mon, 2008-02-04 03:05
#2
Raphael Adeyemi, ...
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Groups: Petro-Chem / Oil & Gas
There is nothing in this clause which implies that under it approval is given to materials or any other matters but this subcluase has been included to prevent misunderstanding.
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Tue, 2008-01-29 09:59
#3
James Barnes
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If I had a copy to hand, I could check the text of the rest of the clause but I do not so I can’t give you a full answer. I’m sure there are several others here who have direct and contemporary experiecne with FIDIC, it has been a few years since I’ve used it...

That said, I understand it to mean that you cannot assume approval of materials (or other matters) based upon what it says in the rest of the clause, you need clear and separate approval under the relevant contract clauses. So, you can’t point to the contents of that clause and tell the engineer that he has approved the materials etc, you need to have the correct approvals
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