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Clause 14 & Clause 8.3

2 replies [Last post]
Sun, 2012-06-03 20:33
Tanveer Ahmad Niazi
User offline. Last seen 6 years 35 weeks ago. Offline
Joined: 15 Dec 2005
Posts: 151
Groups: GPC Qatar

Hi

Clause 14 FIDIC 1987 – “The contractor shall, within the time stated in Part II of these Conditions after the date of the Letter of Acceptance, submit to the Engineer for his consent a programme, in such detail as the Engineer shall reasonably prescribe, for the execution of the work. …..”

Clause 8.3 FIDIC 1999 (Red Book) – “The Contractor shall submit a detailed programme to the Engineer within 28 days after receiving the notice under Sub-Clause 8.1 [Commencement of Works]. ….”

Q1 The programme does not need to be APPROVED by the Engineer. The contractor may proceed even if the Engineer is agreed on the program? YES or NO

Q2 Does the Engineer have any rights to REJECT the programme, if yes, on what grounds or reasons?

Cheers Tanveer

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Replies

Tue, 2012-06-26 17:43
#1
Tanveer Ahmad Niazi
User offline. Last seen 6 years 35 weeks ago. Offline
Joined: 15 Dec 2005
Posts: 151
Groups: GPC Qatar

Dear Mr.Scottie Yim

Thank you very for your precious reply. That’s what I wanted to confirm that if the Engineer has such rights. It also proves that the program I made in my first engagement with a contractor as planner was really not acceptable but the Engineer just favored me and kept helping me throughout the course of construction.

Cheers

Tanveer

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Thu, 2012-06-21 03:22
#2
Scottie Yim
User offline. Last seen 12 years 4 weeks ago. Offline
Joined: 13 Oct 2006
Posts: 5
Groups: None

Hi Tanveer,

I assume you are using 1999 FIDIC.

Q1 The programme does not need to be APPROVED by the Engineer. The contractor may proceed even if the Engineer is agreed on the program? YES or NO

 

Under FIDIC 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.

To answer your question, contractor may proceed first unless there are specific clauses in your contract that does now allow so. Usually the programme can be settled in the site setup and preparation stage and before major works commence.

 

Q2 Does the Engineer have any rights to REJECT the programme, if yes, on what grounds or reasons?

Yes for the following typical reasons:

1) Programme does not comply with the terms set out in the contract. Eg. wrong completion date, wrong start date,

2) Insufficient information

3) Illogical sequence

 

Cheers

Scottie Yim

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