Pending Payments:

Dear Mai,



DAB = Dispute Adjudication Board



You have several options within the CoC to solve disputes:



1. Engineer’s Decision

2. DAB

3. Amicable Settlement

4. Arbitration



I would recommend that you read the FIDIC clause and apply it clearly while referring to the clause when you address the opposite party.



With kind regards,



Samer

Dear Mai,



The first thing is to read the CoC and make sure that you know the clauses related to payments.



In case of considerable delays, FIDIC indicates that the Contractor has the option to reduce the amount of activities at site, in case that the Contractor will not be paid for the future works as well. It doesn’t make sense to continue working.



You must submit the noticication in a timely manner as per the recommendations of FIDIC. Otherwise, the Contractor will not be entitled under the CoC for some rights, and will have to revert to alternative methods like DAB and the LAW.



With kind regards,



Samer

I would advise the owner to suspend the works until a secure source of funding is found.



I would advise the contractor to do the same, and start looking at legal avenues to get the 24 million currently owed to them.



I’m not an expert on FIDIC, but I believe there is an apropriate suspension clause.