It is possible that Contractor requesting revised commencement date .It happened to my one projects . Since Advance is not released contractor mobilisation and all other works is delay. So insted of getting contractor delay and claim we shifted the commncement date. So that prelimin can start from new commencement day
Regards
Member for
19 years 2 months
Member for19 years2 months
Submitted by ashraf alawady on Thu, 2009-11-12 09:12
1- the contractor has submit notification as per cluse 69.1 to reduce the progress but he has shifted all his resources to another project.
2- the contractor requesting the client to consider the day of releasing the advance payment as new commencement date for the project.
in my opinion,there is no relation between the client delay in paying the advance payment and the commencment date of the project . delay in payng theadvace payment and other intrem payment may affect the progerss and may delay the completion date .
i need your advise ,please.
Member for
16 years
Member for16 years
Submitted by Roland Tannous on Thu, 2009-11-05 23:56
You might be able to take action under the code of contracts and obligations in the egyptian civic law depending on contract wording. Consult with a lawyer , hell be able to guide you better.
If you have a condition of contact stating that the Interim payment must be exact, then so be it.
The approval of the amount is left to the determination of the Engineer, because it is a monthly payment and the detailed verification of the amount usually takes much more time.
FIDIC states out clearly the time duration permitted for payment of Interim Certificates. What you have to realize is that the finance charge is automatically calculated thereafter. That is a standard practice and you can claim the charges in your next Interim Certificate (invoice).
They call it an Interim Certificate because it does not have to be verified 100%. This is an approximate value of the work complete (usually per month.
If you want to prove breach of Contract, then you need to follow the requirements of FIDIC regarding payment (Chapter 14 FIDIC 1999) or the version of FIDIC that you are using, and clealy show the notices that you sent to the Engineer and failure to respond in a timely manner. You can also write a letter directly to the Client with a copy to the Engineer in Extreme cases.
As far as fourth edition of FIDIC is concerned, it does state about the delay to payments.
Refer to
--> Clause 60.1 stating the interest Contractor can claim on the overdue amount,
--> Clause 69.1 stating that employer will be on default and contractor can terminate the contract by giving 14 days notice or
--> Clause 69.4 stating that contractor can suspend work or reduce the rate of work by giving 28 days notice and accordingly, the Contractor can ask for EOT as applicable in Clause 44 on account of slow progress of works.
Member for
20 years 8 monthsHi AshrafIt is possible that
Hi Ashraf
It is possible that Contractor requesting revised commencement date .It happened to my one projects . Since Advance is not released contractor mobilisation and all other works is delay. So insted of getting contractor delay and claim we shifted the commncement date. So that prelimin can start from new commencement day
Regards
Member for
19 years 2 monthsRE: Delay in Releasing the monthly Payments
Dear All,
i have two issues now:-
1- the contractor has submit notification as per cluse 69.1 to reduce the progress but he has shifted all his resources to another project.
2- the contractor requesting the client to consider the day of releasing the advance payment as new commencement date for the project.
in my opinion,there is no relation between the client delay in paying the advance payment and the commencment date of the project . delay in payng theadvace payment and other intrem payment may affect the progerss and may delay the completion date .
i need your advise ,please.
Member for
16 yearsRE: Delay in Releasing the monthly Payments
You might be able to take action under the code of contracts and obligations in the egyptian civic law depending on contract wording. Consult with a lawyer , hell be able to guide you better.
Regards
Member for
16 years 11 monthsRE: Delay in Releasing the monthly Payments
Many thanks Raphael
Member for
18 years 5 monthsRE: Delay in Releasing the monthly Payments
One thing you should know is that Interim Payment is a payment on Account.
Delay in payment is no issue to progress except is expressly stated in the contract conditions ( which i have not come across one).
Usually there is a contract provision for interest payment on delay payment.
Cheers
Member for
16 years 11 monthsRE: Delay in Releasing the monthly Payments
Hi to all
Due to delay in monthly payment,is there any way to show slow down in project progress using a programme
Member for
17 years 3 monthsRE: Delay in Releasing the monthly Payments
Dear Ken,
If you have a condition of contact stating that the Interim payment must be exact, then so be it.
The approval of the amount is left to the determination of the Engineer, because it is a monthly payment and the detailed verification of the amount usually takes much more time.
With kind regards,
Samer
Member for
17 years 3 monthsRE: Delay in Releasing the monthly Payments
Samer
An Interim Certificate is not so called because it is a guess, which is not a finally determined value.
Its called "Interim" because it is a payment which is only part of the total contract sum and precedes the Final Certificate.
The amount included in an Interim valuation is supposed to be accurate.
Regards
Ken
Member for
17 years 3 monthsRE: Delay in Releasing the monthly Payments
Dear Ashraf,
FIDIC states out clearly the time duration permitted for payment of Interim Certificates. What you have to realize is that the finance charge is automatically calculated thereafter. That is a standard practice and you can claim the charges in your next Interim Certificate (invoice).
They call it an Interim Certificate because it does not have to be verified 100%. This is an approximate value of the work complete (usually per month.
If you want to prove breach of Contract, then you need to follow the requirements of FIDIC regarding payment (Chapter 14 FIDIC 1999) or the version of FIDIC that you are using, and clealy show the notices that you sent to the Engineer and failure to respond in a timely manner. You can also write a letter directly to the Client with a copy to the Engineer in Extreme cases.
With kind regards,
Samer
Member for
18 years 5 monthsRE: Delay in Releasing the monthly Payments
As far as fourth edition of FIDIC is concerned, it does state about the delay to payments.
Refer to
--> Clause 60.1 stating the interest Contractor can claim on the overdue amount,
--> Clause 69.1 stating that employer will be on default and contractor can terminate the contract by giving 14 days notice or
--> Clause 69.4 stating that contractor can suspend work or reduce the rate of work by giving 28 days notice and accordingly, the Contractor can ask for EOT as applicable in Clause 44 on account of slow progress of works.
Cheers,