My comments/replies to the following questions are given in red below :-----Original Message----From: Buddhika Patikiri [mailto:Buddhika.Patikiri@nakheel.

com]
Sent: 28 April 2008 12:40
To: INDRAWANSA SAMARATUN
Subject: Clarification
Dear Professor Sam
Kindly clarify following:
Is there any requirement of giving notices for any variations by the contractor? Notice is
not required to value the direct value of the Variation. Notice is required only if the
Contractor requires a varied rate or price, (or extra payment for indirect costs such as
prolongation costs if the variation causes a delay/disruption). Also could we reject any
variation upon not providing such notices? No. The Contractor should be paid the value
of the Variation.
Please clarify this pursuant to clause 52.2(paragraph two) of FIDIC Conditions of
Contract. As explained during the Course, although the literal meaning of the words
requires a notice, the Courts (in the construction of the contract), would not permit an
Employer to rely on such words as the Employer would become unjustly enriched (which
is unlawful) if the Contractor is not paid for the variation.
Regards,

Prof. Sam.
Prof. Indrawansa Samaratunga PhD, DSc
FRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEng
Chartered Quantity Surveyor and Registered Arbitrator / Expert
Australian Inst.of Qty.Surveyors-Middle East Representative
PO Box 23461, Dubai, UAE. T +971504588949 F +97143378668

Thanks & Regards -----Original Message----From: elisa villalon [mailto:elisavillalon@yahoo.com]

Sent: 02 May 2008 00:00
To: sam99@eim.ae
Subject: class of spring 2008
Dear Prof. Sam,
I would like to thank you for imparting us your knowledge and skills gained in your years
of practising that profession. Unselfish people like you are very seldom seen especially
nowadays. I was really felt privileged to have attended to this kind of training. I learned

so much and I'm sure same with my batch mates and others. The effort and time we spent
is really worth. I can consider that the knowledge we learned is priceless.
May you stay young looking, healthy and strong and continue to touch more people's life
for more years and decades. I'm looking forward for the second part of this training.
Surely we will miss attending your lectures.
Best Regards,
Elisa Villalon
Many Thanks for your kind words.
Regards,

Prof. Sam.
Prof. Indrawansa Samaratunga PhD, DSc
FRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEng
Chartered Quantity Surveyor and Registered Arbitrator / Expert
Australian Inst.of Qty.Surveyors-Middle East Representative
PO Box 23461, Dubai, UAE. T +971504588949 F +97143378668

-----Original Message----From: qs_dubai@yahoogroups.com [mailto:qs_dubai@yahoogroups.com] On Behalf

Of rajesh kumar
Sent: 15 April 2008 16:48
To: qsindiagroup
Subject: [qs_dubai] need small help.....clarification
sir
Project : Infrastructure (Pipe Laying & Road works)
Division: Storm water Drainage
according to CESMM3 for all other pipe works like water line, sewerage, Irrigation ....the
rates for pipe laying includes excavation, pipe laying, bedding, backfilling, all
fittings(reducer, bend, tee,.....) etc,... Incorrect ! According to CESMM3 Bedding and
Fittings are measured separately.
but especially for storm water drainage, Tee connection will come only where gully &
Inspection port connecting with main perforated pipe
whether rate for TEE is included in pipe laying cost or with the cost for installation of
Inspection port & gully ??????????????????????? Should be measured separately.
Regards,

Prof. Sam.
Prof. Indrawansa Samaratunga PhD, DSc
FRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEng
Chartered Quantity Surveyor and Registered Arbitrator / Expert
Australian Inst.of Qty.Surveyors-Middle East Representative
PO Box 23461, Dubai, UAE. T +971504588949 F +97143378668

kindly reply as soon as possible

Tanaking you in anticipation
R.Rajeshkumar
-----Original Message----From: anjalia@thermoproj.ae [mailto:anjalia@thermoproj.ae]
Sent: 30 April 2008 16:39
To: Prof. Sam
Subject: DELETION OF LIGHT FITTINGS
Hi Dr.Sam,
I have attended your Contract Administration classes last year.
I have a query about Lump sum Contract.
1) In our Contract we have now one particular type of light fittings to be omitted.
In BOQ, Light fitting Type-A is 80 nos. @ 100 DHS = 8,000/As per contract drawings it is 100nos.
Now the type itself is deleted from scope of work.
The consultant is asking to give cost saving for 100 nos. of Light fittings @ 100 DHS.
Can you give me the correct answer for this. If the BOQ was provided with a blank space
for the Tenderers to fill in an adjustment item to cover any difference in quantities shown
in the Drawings and given in the BOQ, then the Consultant is right. If such a place was
not provided, then you can successfully argue that the rate of Dhs. 100/- is
inappropriate/inapplicable, and that the correct rate should be 8000/- / 100 = 80/- ,
provided that the Form of Contract is FIDIC nature with Sub-Clause 52.2 active.
2) Another type of light fitting
In BOQ, Light fitting Type-B is 60 nos. @ 100 DHS = 6000/As per contract drawings it is 200nos.
Now as per revised drawing only 40 nos. are balance.
The consultant is asking to give cost saving for 200 nos. of Light fittings @ 100 DHS, &
add 40 nos. @ 100 dhs. If the contract scope of 200 Nos. was reduced to 40 Nos. through
revised drawings (i.e. a variation), then the Employer is entitled to the savings on the
omitted 160 Nos. The rate to value this omission is 6000/- / 200 = 30/-. Therefore the
Employer is entitled to a saving of 4,800/-, i.e. if the above underscored scenario exists.
Otherwise the Consultant is right and the Employer should get a saving of 16,000/-.
Regards,

Prof. Sam.

Prof. Indrawansa Samaratunga PhD, DSc

FRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEng
Chartered Quantity Surveyor and Registered Arbitrator / Expert
Australian Inst.of Qty.Surveyors-Middle East Representative
PO Box 23461, Dubai, UAE. T +971504588949 F +97143378668

Please help me to find out a solution to tackle this situation.

Hope you will squeeze some time to answer this & help me.
Thanking you
Regards
Anjali Anand
Sr. Quantity Surveyor
-----Original Message----From: mohamed salah [mailto:mohamed_sal67@yahoo.com]
Sent: 12 April 2008 10:57
To: sam99@emirates.net.ae
Subject: Nominated subcontractor
Dear Dr. Sam.
Would you Please to advice me for the following case:
The nominated subcontractor who is recommended by the client enter into a contract with
the main contractor with a contract form which imposed by the client. This contract
does not include any retention clause and the two parties signed the contract as is. In the
contract between the client and main contractor there is an appendix to tender shows a
retention with 10% of the contract price (including the price sum of nominated
subcontractors and suppliers).As an engineer representative I deducted the 10% retention
from the main contractor interim payment according to the Condition of Contract and
appendix. Now the main contractor asks to apply the same deduction from the nominated
subcontractor back to back.
My question is: Does the main contractor has the right to deduct the retention from the
nominated subcontractor in the absence of such term in between the two parties (main
and sub contractor). Retention cannot be deducted from the Nominated Subcontractor.
The Main Contractor knew about this at the time he signed the Nominated Subcontract,
but did not object to it though he had the right to object to such a nomination with
unacceptable conditions. It is too late now for him to raise any objections.
Regards,

Prof. Sam.
Prof. Indrawansa Samaratunga PhD, DSc
FRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEng
Chartered Quantity Surveyor and Registered Arbitrator / Expert
Australian Inst.of Qty.Surveyors-Middle East Representative
PO Box 23461, Dubai, UAE. T +971504588949 F +97143378668

Thank for your continued help.

Regards,
Mohamed Salah Eldin
-----Original Message----From: ShibuKJohn@wadeadams.com [mailto:ShibuKJohn@wadeadams.com]
Sent: 31 March 2008 15:10
To: Prof. Sam
Subject: question
Dear Dr.sam
I would request you to advice me on following situation:
Question 1.
The contractor has a valid claim for extension of time and additional cost due to
additional works instructed by the engineer in one of our RTA contract. The client has
agreed in principle for the extension of time and cost, but nothing in writing. Since the
engineer cannot monitor the progress based on the approved clause 14 programme, he
keeps on requesting for a revised programme incorporating all the additional works.
Is it advisable to submit a revised programme before finalizing the claims? The
Contractor has an obligation to submit a revised programme but the completion date on
that programme need not be the originally scheduled date for completion. It should be a
date taking into account the fair and reasonable EOT that he is entitled to, even if it is not
awarded.
Question 2.
If the consultant did not provide the detailed specification of irrigation works for
tender and as an experienced contractor we priced it. But during execution stage we are
in need of it for the material submittals and other references, can i ask for it officially ?
How can i defend myself if any variation arises due to the new specification ?
The assumptions that you made during the Tender stage should have been conveyed to
the Employer at that time. If you did not do this, then try to make your material
submittals now, based on those assumptions.
If however they are rejected and different material is instructed, you will have a difficulty
in claiming it to be variation if the Employer/Engineer can prove that, what they are
specifying is what an experienced contractor should have foreseen as standard material
suitable for that type of work, and not of a higher standard.

Regards,

Prof. Sam.
Prof. Indrawansa Samaratunga PhD, DSc
FRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEng
Chartered Quantity Surveyor and Registered Arbitrator / Expert
Australian Inst.of Qty.Surveyors-Middle East Representative
PO Box 23461, Dubai, UAE. T +971504588949 F +97143378668

regards
----- Original Message ----From: Lourdes Beato
To: Prof Sam <sam99@emirates.net.ae>
Date: Tue, 15 Apr 2008 00:37:40 -0700 (PDT)
Subject: [No Subject]
Dear Prof. Sam,
I would like to ask if the contractor is entitled for
an EOT due to adverse climatic condition (this was
during the rainy days happened last January) as per
FIDIC clause 44.1 (c)? Yes.
If No, why?
If yes, what documents are required to prove that he
is entitled for EOT? Weather reports from meteorological department to show that the
climatic condition was exceptional (out of the ordinary) when compared to the typical
climatic conditions over the past 15 - 20 years (or such other period stated in the contract)
and site records/photos proving that progress of the Works were adversely affected, plus a
delay impact analysis demonstrating cause and effect.
Regards,

Prof. Sam.
Prof. Indrawansa Samaratunga PhD, DSc
FRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEng
Chartered Quantity Surveyor and Registered Arbitrator / Expert
Australian Inst.of Qty.Surveyors-Middle East Representative
PO Box 23461, Dubai, UAE. T +971504588949 F +97143378668

Kind regards,
Lourdes
Dear Mr. Karim,
----- Original Message -----

From: "Karim, Zafar (Dub)"

To: sam99@eim.ae, deepu.r.j@gmail.com, Mazher@gulf-trust.com,
nbanastacio@yahoo.com, rajeev@amanabuildings.com, VSamuel@emaar.ae,
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arunachalam.murugan@deleeuw.ae, mansmith@eim.ae, kaleemk3@yahoo.com,
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prasanth255@yahoo.com, nrahul@afcdfc.ae, jaliyar.dgj@emaar.ae,
CSamaraweera.dgj@emaar.ae, jijiskumar@gmail.com, nortonsalesauh@kanoo.ae,
shiv_gandhi@rediffmail.com, sajna1@hotmail.com, aperera@aati-contracts.com,
Lillia.Cristobal@multiplex.biz, mohtesham.syed@honeywell.com, r43t@rediffmail.com,
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syed.fazaludeen@honeywell.com, prass_79@rediffmail.com, sajeev@kcejoinery.ae,
kishorkcp@yahoo.com, levigperez@yahoo.com, ludybeato@yahoo.com,
raj@kcejoinery.ae, rdesilva@aati-contracts.com, elisavillalon@yahoo.com,
sbitzos@kcejoinery.ae, nsekar88@readiffmail.com,
chandrahasa.reddy@emeraldpalace.ae
Date: Mon, 05 May 2008 09:23:00 +0400
Subject: Feedback of Sring 2008 sessions.
Dear all
Further to our recent spring 2008 sessions on Sound Contract Administration, I am sure
every one
among us has been equally benefited from it. Apart from the training we have also taken
the
opportunity to meet with the new comers and at the same time have exchanged our views
and thoughts.
Dr. Sam knowledge in all sessions remains above excellent and I was much impressed on
his keen to
share his knowledge, which motivated me take more sessions in future.
In the same time in would like to thanks my friends Harshana and Nanandna, how
advised me to pursue
this course.
Good luck all... for your future endeavors.
Regards,
Zafar Karim

Planning Manager
EC HARRIS:
Dear Mr. Zafar,
Many Thanks.

Prof. Sam.
Prof. Indrawansa Samaratunga PhD, DSc
FRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEng
Chartered Quantity Surveyor and Registered Arbitrator / Expert
Australian Inst.of Qty.Surveyors-Middle East Representative
PO Box 23461, Dubai, UAE. T +971504588949 F +97143378668