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My comments are given in red below :----- Original Message ----From: Sarath Munasinghe

To: sam99@eim.ae
Date: Sun, 18 May 2008 11:10:42 +0400
Subject: [No Subject]
Dear Dr Sam,
First of all thank you very much for your attempting to convey Q&A to all members. So we learn
and get more sound in contractual matters based on FIDIC condition.
I have two quarries which were raised out of UAE,
1
In re-measurable Contract there was LS item for Construction Management which was to be paid
monthly under Preliminaries. So at beginning contractor submitted rate breakdown for above LS
item. Then Engineer had monitored site records and payment was paid as per availability of site
staff which was indicated in the breakdown.
As result contractor loosed reasonable amount from LS item though the Contract was able
completed within given time frame (without LD in forced), please advise should Contractor has
right to claim deducted amount by Engineer from monthly IPC for particular LS item.
If the Engineer was dissatisfied with the level of staff provided on site, and informed the
Contractor to provide adequate staff which the Contractor failed to do, then the Contractor would
have a difficulty to successfully argue that the reductions from the interim payments were
unreasonable. However, once the work is completed, the Contractor is entitled to have all such
deductions reimbursed.
2
The Contractor is to do any Varied work (say it is necessary and appropriate) once Engineer
gives an instruction to carry out before approving VO by Employer as per FIDIC clauses.
Approvals are not required. Once instructed, the Contractor is obligated to execute such
variations.
Regars,

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

Sarath Munasinghe

----- Original Message ----From: Amy Anastacio


To: sam99@emirates.net.ae
Date: Sat, 17 May 2008 22:34:34 -0700 (PDT)
Subject: Query
Dear Prof. Sam,
Good day Sir.

I have another query sir, the completion date of our project was on April 15, 2008. A
Taking-Over Certificate (TOC) will be issued this month of May for the whole works.
Variation A, a short service road, was instructed 1 month before the completion date and
was given up August 15, 2008 to complete. No time extension was granted and The
Contractor was instructed to execute the variation during the Defects Liability Period
(DLP). Since our project ends on April 15, 2008 and Variation A is being done during
the defects and liability period, when will the start of the defects and liability of this
Variation A?
Unless a partial TOC is issued now and the TOC for the whole of the Works is issued on
August 15 2008, the DLP for the Service Road would expire on the same date that the
DLP for the rest of the Works expire (i.e in April/May 2009)
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 you Sir.


regards,
Naomi
----- Original Message ----From: Alex Casicas
To: "Prof. Sam" <sam99@emirates.net.ae>
Date: Sat, 17 May 2008 13:44:55 +0400
Subject: RE: Q&A-Sp08 4
Dear Dr. Sam,
I just want to be clarified regarding the provisions of Clause 59.4 (c) Payments to Nominated
Subcontractors. Do we have to include any special provisional sum item where tenderers can
enter a percentage figure in the Bill of Quantities aside from % being inserted by the Contractor in
the Appendix to Tender? YES. If such an item is not provided in the BOQ or (where provided), if
that item is not priced by the Contractor, only then the % inserted in the Appendix to Tender will
become effective.

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

I hope that you can provide us with a clear interpretation of this Clause.
Best Regards,
Alex Casicas
----- Original Message ----From: sathis jayaweera
To: "Prof. Sam" <sam99@emirates.net.ae>
Date: Sat, 17 May 2008 06:28:03 -0700 (PDT)
Subject: Re: Q&A-Sp08 4
Dear Prof. Sam

Assumed Condition of Contract is FIDIC 4th edition and question related to the sub clause
2.1 (a).
Please could you explained the sub clause 2.1 (a) with respect to the Variations (V) and Varied
Works (Vw) at the following .
Supposed, if the Engineer issue a variation instruction in accordance with CoC. Result of that,
the Effective Contract Price changed (increased or decreased).
Shall the Engineer obtain the specific approval from the Employer before carrying the
variations? Only if Part II requires the Engineer to obtain such approval, not otherwise.

If this correct, the Engineer does not have an authority to instruct a variation without
prior approval of the Employer. Yes, if Part II requires as above.
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 you
W.P.S.K. Jayaweera