Hi all
Actually, we are working on FIDIC YELLOW contract, the contract period was over since 30/06/2011 and we submitted an EOT till 20/010/2012, untill now, the client didnt response to our EOT and my GM refuse to do any work at site untill we have approval on EOT.
90% of work is over, but the client refuse to issue a TOC to us and he is currently use our product. T&C is done and inspected by the engineer.
For issuing a TOC, we need to submit a final account, can i apply for final account while the project in some area not yet finished ?
also, what about the unsetteled VOPs, can i show it in the final account ?
Please advice
Hi Ashraf
You have a number of problems here.
1. Check you contract regarding client taking possession of the project - It may represent a de facto completion for the occupied section.
2. Your GM refusal to finish the last 10% of the work is a dangerous tactic which may backfire.
3. You do not have a Final Account situation yet because that will follow the TOC - in your interim or penultimate account include everything that you are owed.
My advice is to get the job finished and then enter into dispute mode.
Best regards
Mike Testro