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.
Member for
18 years 5 months
Member for18 years5 months
Submitted by Raphael Adeyem… on Mon, 2008-02-04 04:05
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.
Member for
18 years 2 months
Member for18 years2 months
Submitted by James Barnes on Tue, 2008-01-29 10:59
If I had a copy to hand, I could check the text of the rest of the clause but I do not so I cant 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
Member for
12 years 10 monthsIN MY OPINION, THIS CLAUSE
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.
Member for
18 years 5 monthsRE: FIDIC - Clause 54.7 : Approval of Materials not Implie
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.
Member for
18 years 2 monthsRE: FIDIC - Clause 54.7 : Approval of Materials not Implie
If I had a copy to hand, I could check the text of the rest of the clause but I do not so I cant 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