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FIDIC Red Book: Clause 20.1 and Determination

+1 vote
Sub-clause 20.1 indicates in the 6th paragraph that the Engineer may make detail comments if the Contractor's claim is disapproved.

Two paragraphs later, sub-clause 20.1 states that the Engineer proceeds in accordance with sub-clause 3.5.

A Contractor has insisted on the Engineer's determination of a claim that the Engineer has disapproved. Does the Engineer proceed with sub-clause 3.5 if a claim is disapproved?

If the Contractor is not able to provide sufficient particulars to demonstrate the basis of claim is there further need for the Engineer to act under sub-clause 3.5 after giving details comments?

The Contractor can refer the Engineer's disapproval as a dispute under sub-clause 20.3. Is that the proper contractual procedure for the Contractor if the Engineer's decision under sub-clause 20.1 is not satisfactory?
asked Jan 28, 2019 in Construction Contract Red Book by MCH (240 points)  

1 Answer

0 votes
Clause 3.5 is the process of making a determination to be followed whenever the contact requires a determination to be made.

The disapproval of the Engineer under the 1999 or 2017 versions should have been in accordance with clause 3.5. There is no longer, as there was under older FIDIC forms, the requirement for an Engineer's Decision, you simply move on to DAB, Amicable Settlement and/or Arbitration
answered Feb 27, 2019 by Rob Horne Panel Member (20,080 points)