PM Notes QnA

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Question

Being a project manager from the client side, I would like to know as per FIDIC can I force a contractor to carry out additional works prior to approval of his financial claim?

Answer
The basic answer is YES, provided you follow the correct contract procedures. There are a number of Sub-Clauses which are relevant including, from the 1999 Construction Contract: a) S/Cl 3.1: The Employer may have imposed constraints on the Engineer's authority in the Particular Conditions. b) S/Cl 3.3: The Contractor shall comply with instructions given by the Engineer. c) S/Cl 13.1: The Contractor shall execute and be bound by each Variation initiated by the Engineer. Subject to exceptions as stated in the Sub-Clause. d) S/Cl 13.3: Procedures for the Engineer to value the Variation. The Engineer may have asked for and accepted a proposal, or he proceeds as Clause 12.

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