My comments are given in red below :-

Regards,

Dr. Sam.

Dr. 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

----- Original Message -----From: Rolando Matic "Rolando.dm@alicoprojects.com"To: sam99@eim.aeDate: 01:36 PMSubject: RE: Sorry about that - Text was missing

Thanks for the e-mail. It is worth to learn from those notes and Q&A.

Regarding topic 1, kindly provide an insight to the following:

1.       Does FIDIC form of Contract marginalized the Contractor of accepting all instruction from the Engineer? No. C is obliged to accept only those instructions which are necessary or appropriate for the execution of the Works.

2.       What happen if the Contractor has no more resources to be exhausted in carrying out the additional work instructed? If the additional work is necessary for the execution of the Works and if C fails to execute it due to resources constraints, then C would be in breach of contract.

3.       Can the Contractor decline to under take the instruction? If the additional work is not necessary to execute the Works, then C can refuse to undertake such additional work.

Can you also comment on this scenario:

An instruction was issued to the Contractor to carry out additional work (let say, contract has one skylight and the instruction is to provide additional one skylight). The Contractor receives the instruction, priced and provides notification to the Engineer for cost of additional work

After sometime, The Contractor, upon revaluing its resources, finds out that the additional work can not be done under its scope of work due to lack of resources (materials and manpower).

Was the Contractor right to refuse the additional work. . If the skylight is necessary, then NO.

How about IF in the above scenario, a Nominated Sub-contractor is refusing the additional work. –ditto-I hope the above scenario is better in open discussion but would leave to you in feeding the group.

Regards,

Dr. Sam.

Dr. 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

Thank you in advance.

Regards,

Rolando S. Matic Jr. Dubai Mall Project ALICO Site Office

-----Original Message-----From: Roselma Martinez [mailto:Roselma.Martinez@multiplex.biz] Sent: 21 November 2007 14:59To: sam99@emirates.net.aeSubject:

Good afternoon...

Sir where can we buy the CESMM3? Or can we borrow and photocopy your CESMM3 book? You can order from The Institution of Civil Engineer’s UK and also from many on-line book stores.

Thank you so much.

Roselma Martinez

-----Original Message-----From: James O'Brien [mailto:jobrien@mace.co.uk] Sent: 24 November 2007 17:27To: sam99@eim.aeSubject: Thanks

Dear Dr. Sam,

I would like to convey my sincere thanks to you for taking the time to pass on your experience and knowledge on Contract Administration to the class over the past two weeks. Your course was very well structured and explained an extremely difficult subject in terms that the non expert could understand and put to practical use.  I have worked with a good number of Sri Lankan QSs and it is easy to see why they hold you in such high regard.

Personally, I very much enjoyed the lectures and was strangely quite sad when the course ended.  However, this has rekindled my interest in study and I am starting to look for relevant study opportunities. I look forward to the issue of your book (please let me know when you release it – I’ll get you to sign it)

I will keep in touch. Keep up the good work.

Best Regards

James O’Brien

Dear Mr. O’brien,

Many thanks for your kind words. Yes, I will keep you informed about the book when it is published. I wish you all the best and success in your further studies. I am very pleased to hear that you may be pursuing further studies as was the case with several other alumni of the Sound Contract Administration Course from the previous classes.

Regards,

Dr. Sam.

Dr. 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