My comments are given in red below:----- Original Message ----From: saji m

To: SAMARATUNGA INDRAVANSA <sam99@eim.ae>

Date: Sun, 01 May 2011 02:05:19 -0700 (PDT)
Subject: VACANCY OF QUANTITY SURVEYORS

Dear Prof. Sam,

I am an alumnus of SCA training conducted on June 2008. I would like to notify
some vacancies of Quantity Surveyors in Kuwait and Qatar for a contracting
company. Those who are interested can contact Mr. Samir on
safuni@cmbc-kw.com for more information. Please circulate this through our
alumni members.
Any interested members may apply directly. You can add value to your CV (and
gain advanced knowledge required to administrate contracts at senior and
management/advisory levels) by following the Advanced Course. May 2011
class could be the last class for this year and the details are attached.
Regards,

Prof. Sam.
Prof. Indrawansa Samaratunga PhD, DSc
FRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEng
Chartered Surveyor, Chartered QS, Chartered Manager, Chartered Builder

Arbitrator / Mediator - London Court of International Arbitration

Arbitrator / Expert - Dubai International Arbitration Centre, UAE
Middle East Representative - Australian Inst. of Qty. Surveyors
PO Box 23461, Dubai, UAE. T +971 50 4588949 F +971 4 3378668

Thanks & Regards

SAJIMON.M.KUNJU

----- Original Message ----From: yogesh thirukonda

To: sam99@eim.ae
Date: Mon, 02 May 2011 12:08:53 +0400
Subject: Re: SCA Q&A + message
Dear Dr.Sam,

Could you please assist me briefly what actually means by "termination of Contractor's
Employment under the Contract" and under such condition when will the active "Contract"
expire.

Also I have few of my colleagues ( 2 or 3) working for a major developer in Abu Dhabi may
attend the Advanced Course of CA. All of them are experienced people for more than 15-20
years in the Industry but have not been to your Sound Contract Administration course (Basic)
Will they be eligible to attend the CA-AC?.
Termination of the Contractor's Employment under the Contract is when the remaining work
of the project is either withdrawn from the Contractor (i.e. when the Employer makes such
termination) or when the Contractor stops doing any more work (i.e. when the Contractor
makes such termination). The Contract remains in force (and does not expire) but the rights,
obligations and liabilities of the parties would be different depending on who terminates.
Termination of the Contract and Termination of the employment of the Contractor under the
Contract are two different things. Too complex to give a short answer. We will be discussing
in more detail on the 13th May 2011 at the Advanced Class, all aspects of suspension,
termination and de-scoping under FIDIC 1987 and 1999.
Regarding your colleagues unless they complete the SCA, they cannot attend the CA-AC.
They may be having 15-20 years experience but are unlikely to have knowledge similar to
that disseminated during SCA, because:1. Such knowledge cannot be gained from Degree/Diploma/Certificate programmes of
Universities/Polytechnics.
2. There are lot of incorrect practices in the industry in this part of the world and therefore the
experience gained is likely to be defective as it includes such incorrect practices, which we
highlight during SCA.
The SCA and CA-AC certificates carry lot of value in the industry and many Employers give
preference to those who have them (when compared to those who dont) and therefore the
standard cannot be lowered by exempting SCA for any Contract Administrators to follow
CA-AC. They can benefit by following the SCA course first, in June 2011. Course details are
attached.
Regards,

Prof. Sam.
Prof. Indrawansa Samaratunga PhD, DSc
FRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEng
Chartered Surveyor, Chartered QS, Chartered Manager, Chartered Builder

Arbitrator / Mediator - London Court of International Arbitration

Arbitrator / Expert - Dubai International Arbitration Centre, UAE
Middle East Representative - Australian Inst. of Qty. Surveyors
PO Box 23461, Dubai, UAE. T +971 50 4588949 F +971 4 3378668

Best Regards,
Yogesh

From: Rohit Raghavan [mailto:rohit.raghavan76@gmail.com]

Sent: Monday, April 11, 2011 6:51 PM

To: sam99@eim.ae
Subject: Re: More Q&A

Dear Dr. Sam,

Thanks a lot for your Q&A and the enlightening contract administration class. It
was worth each penny. I look forward for your advancd classes and similar
seminars.
In addition to studying the Q&A I am receiving, I am also revising the topics you
have discussed in the SCA course using voice notes which i have recorded.
Today I had a detailed study on Arbitration and flow chart which you have used
to demonstrate the arbitration process. With the help of your lecture voice note I
have made few additions to the flow chart which I am not sure really represents
what you have explained. However I have put those as I have understood. Can
you please look into the attached flowchart and advice.

Yes it is OK except for 2 things. Engineer not determining under 44, 53 etc, in
itself may not form the dispute if that non-determination is due to a cause such
as lack of details by the Contractor. Also the without prejudice provision can be
added, (according to which a party can enforce the final and binding decision of
the Engineer in courts, without referring it to be resolved by arbitration.)

We will discuss further on 20th May 2011 when this flow-chart is taken up for a
second discussion in relation to FIDIC 1999, where the Engineer has been
replaced by the Dispute Adjudication Board, because the Engineers is not an
impartial role under FIDIC 1999, as in FIDIC 4th 1987, which is a very serious
issue. When we discuss all the concerns of FIDIC 1999 this issue is foremost.
Administrating FIDIC 1999 contracts without knowing all its shortcomings,
discrepancies and other weak areas would give rise to many disputes in the
industry. You have wisely chosen to attend the CA-AC, which deals with all these
issues at the next class in May 2011.

Regards,

Prof. Sam.
Prof. Indrawansa Samaratunga PhD, DSc
FRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEng
Chartered Surveyor, Chartered QS, Chartered Manager, Chartered Builder

Arbitrator / Mediator - London Court of International Arbitration

Arbitrator / Expert - Dubai International Arbitration Centre, UAE
Middle East Representative - Australian Inst. of Qty. Surveyors
PO Box 23461, Dubai, UAE. T +971 50 4588949 F +971 4 3378668

Regards and Thanks

Rohit Raghavan
----- Original Message ----From: "Sharief, Usman"
To: sam99@eim.ae
Date: Sun, 01 May 2011 10:25:26 +0400
Subject: Request for clarification on prelims for an re-measured contract
<html> <head> <meta http-equiv="Content-Type" content="text/html; charset=utf-16"> </head> <body>

Dear sir,

How are you, hope you are in good health. I was one of alumni of year
2008, thanks for sharing the valuable knowledge and we all owe for that.
Hope my question is not too long.
The project start date 18 Jan 2010 and the mobilization period is 60 days
as per the contract (Project - Infrastructure and re-measured contract).
The contractor first started (August 2010) the variation works which were
out of contract limits and was instructed by the client. It is not quite clear
why the contractor had not started the main works initially (as per one of
the progress meetings the contractor initiated design changes by showing
potential cost savings to the client). The contractor has not
maintained any records properly. Initially the project was controlled
by the client. Latter supervision/cost consultants were appointed in
October and November 2010
As highlighted the project history from which date the contractor is
entitled to get paid for the following items under prelims
Sl

Description

Unit

Remarks

no
1

2
3

4
5

Provision of engineers
office

Month

Maintenance of engineers
office
Provision of laboratory

Month

Maintenance of
Laboratory
Maintenance of
contractors facilities

Month

Maintenance and
protection of traffic

Month

Contractor has provided a rent

agreement starting from April
2010 (also ready to furnish
electric bills) A progress
meeting was held in the month
of July 2010. But office was
occupied by consultants in the
month of October 2010.
Same as item no 1
Contractor has provided LPOs
for laboratory apparatus dated
April 2010. But as per
inspection requested the
works were done in August
2010
Same as item no 3

Month

Provided rent agreement for

usage of land area from
municipality start date may
2010.
Lumpsu As per inspection requests the
m
main works with in contract
limits were started September
2010

From the given limited information the following appears to be a fair determination:1. April 2010
2. April 2010
3. August 2010
4. August 2010
5. May 2010
6. September 2010
Regards,

Prof. Sam.
Prof. Indrawansa Samaratunga PhD, DSc
FRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEng
Chartered Surveyor, Chartered QS, Chartered Manager, Chartered Builder

Arbitrator / Mediator - London Court of International Arbitration

Arbitrator / Expert - Dubai International Arbitration Centre, UAE

Middle East Representative - Australian Inst. of Qty. Surveyors
PO Box 23461, Dubai, UAE. T +971 50 4588949 F +971 4 3378668

Regards,
Usman Sharief, B.E.(Civil), MSc (C.P.M)
Commercial Services
----- Original Message ----From: Lourdes Beato
To: sam99@eim.ae
Date: Mon, 02 May 2011 15:26:06 +0400
Subject: Question

Dear Sir,
Good day to you!
We have a project comprising of 3 Buildings namely Hotel, Retail and Residential all in one
package. During the early stage of the project we received a Notice to hold the works for
Residential Bldg. Two years had passed and we are now 98% progress for the hotel and retail.
My question is; in a Lump sum contract, do we have the right to claim for the preliminaries
of the Residential bldg. if the latter be completely cancelled.
Any related preliminaries can be claimed. Also you can claim overheads and profit on the
omitted work as it amounts to de-scoping. It is too detailed to discuss in this short Q&A
forum. We deal with the entitlements of the parties resulting from de-scoping, suspension and
termination in detail together with valuations and payments related thereto during the first 3
sessions of the advanced course. May 2011 class could be the last class for this year. Time
table is attached.
Regards,

Prof. Sam.
Prof. Indrawansa Samaratunga PhD, DSc
FRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEng
Chartered Surveyor, Chartered QS, Chartered Manager, Chartered Builder

Arbitrator / Mediator - London Court of International Arbitration

Arbitrator / Expert - Dubai International Arbitration Centre, UAE
Middle East Representative - Australian Inst. of Qty. Surveyors
PO Box 23461, Dubai, UAE. T +971 50 4588949 F +971 4 3378668

Thank you very much.

Kind regards,
Lourdes T. Beato
Quantity Surveyor