FIDIC - Clause 54.7 : Approval of Materials not Implie

L
Leo Polintan 👤 Member for 13 years 5 months

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.

J
James Barnes 👤 Member for 18 years 9 months

If I had a copy to hand, I could check the text of the rest of the clause but I do not so I can’t 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

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