Dear Members,
Background:
Under FIDIC 1999 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.
Situation; Programme submitted and excess of 21 days passed without a reply from the engineer. We proceeded in acoordance with the submitted programme and report progress relative to the same. Sometime down the line we recieve the Engineers comments on the programme!
Question:
Should I still comply with his comments that they were recieved after 21 days from submission?
Thanks you
Hi,
if the engineer failed to give his comments in the stepulated time in the contract then the cotractor has the right to analyis any impact of this delay from the engineer and claim accordigly.
Thank you Mike for your answer
Cheers,
Rami
Hi Rami
Yes you should - under protest - but make any adjustments that he may require that are reasonable and do affect the planned work sequence or cost any money.
If he has pointed out real flaws in your programme or requires better detail then you must comply and adjust accordingly.
If you do not comply then any future EoT claim will be blocked and with good reason.
Best regards
Mike T.