My comments are given in red below :-

----- Original Message -----From: Sarath Munasinghe To: sam99@eim.aeDate: Sun, 18 May 2008 11:10:42 +0400Subject: [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, DScFRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEngChartered Quantity Surveyor and Registered Arbitrator / ExpertAustralian 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.aeDate: Sat, 17 May 2008 22:34:34 -0700 (PDT)Subject: QueryDear 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, DScFRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEngChartered Quantity Surveyor and Registered Arbitrator / ExpertAustralian Inst.of Qty.Surveyors-Middle East RepresentativePO 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 +0400Subject: 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, DScFRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEngChartered Quantity Surveyor and Registered Arbitrator / ExpertAustralian 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, DScFRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEngChartered Quantity Surveyor and Registered Arbitrator / ExpertAustralian Inst.of Qty.Surveyors-Middle East RepresentativePO Box 23461, Dubai, UAE. T +971504588949 F +97143378668 Thank you  W.P.S.K. Jayaweera