A Summary of the Notice Requirements Imposed On the Engineer by FIDIC Red Book 1999
As always, now and then I would come across some great posts by LinkedIn members which need to be repost for better reach and for the benefit of those in the Construction Dispute and Claims.
Below is one such post by Lahiru Vithanachchi who has posted some more interesting posts there.
Notice provisions Clauses in any Standard form for Construction Contracts are very important by virtue of the legal principle of “Procedural Ultra Vires” which in layman terms simply means that if a procedure is prescribed in a contract, that procedure must be followed to the letter, failing which any action thereafter will be rendered null and void and of no legal effect.
Want to know more and delve deeper into “Procedural Ultra Vires”, then follow this link :-
How important is the Notice Requirements if the Engineer fails to comply ?
Let us take for example Sub-Clause 11.6 which is in table Part 3 of 3 below . Firstly a notice must be given and not just a site instruction. Also it must be a notice as defined in the Contract which means it must be in written form and recorded.
Secondly it must be given within 28 days. Failing this, the contractor’s obligation to remedy further or carry out further tests has ceased to exist and any need thereafter will have to be ordered as a variation or through a minor works contract.
Contractors should take note of all the above Notices requirements which I am sure many are unaware of the usefulness and importance of such provisions which they can use to their benefit.
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