FIDIC Draft Notices Specimen Letters (AMi)

8/2/2019 FIDIC Draft Notices Specimen Letters (AMi)

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Contract

Clause(s)

Subject

1.1(a) Agreement objection to assignment by the Employer

2.2 Request for written notification of the delegated powers of the

Engineer

2.3(b) Dissatisfaction with an instruction of the Engineers Representative4 Request for consent to sublet

5.2 Request for clarification of ambiguity or discrepancy in thedocumentation and possible additional cost

6.3 Request for additional information, disruption of progress

6.4 Notice of delay in the issue of any drawing or instruction

7.2 Submission of design work for approval10.1 Performance Security

10.1 Advice that Performance Security has been provided

12.2/44 Notice of Not Foreseeable Physical Obstructions or conditions onsite

13.1/55.1 Notice of legally or physically impossible work14.1 Submission of Programme14.3 Cash Flow Estimate to be submitted

17.1 Request for reimbursement of costs in correction inaccurate setting

out data

18.1 Reimbursement for Exploratory Works20.1 Letter advising of Employers liability to insure the works after

issue of Taking-Over Certificate

20.43 Claims loss or damage in respect of Employers Risks25.1 Evidence and Terms of Insurance

27.1 Notice of fossils, geological or archaeological interest

27.1 Claims for reimbursement of additional costs and extension of time28 Request for the reimbursement of costs associated with Patent

Rights

30.3 Notification of damage to a road or bridge on the route to site31.2 Letter to Engineer requesting payment for services provided

35.1 Return of Labour and Contractors equipment

36.2 Application for cost of samples

36.5 Request for extensions of time and cost reimbursement where testsnot provided for

38.2 Examination of work before covering up

38.2 Reimbursement of costs for opening up the works for inspection39.1 Disagreement with Engineers instruction to remove improper work

40.1 Notice of Delay and Additional Cost arising from suspension of

work40.3 Request for permission to proceed with suspended work

40.3 Notice to treat suspended work as omitted from Contract

41.1 Confirmation of commencement of work

42.1 Proposals for commencement44.2(a) Application for Extension of Time


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44.2(b) Detailed Particulars of Claim

44.3 Interim, final Particulars of Claim

45.1 Request for permission to work night/weekend shifts48.1 Taking-Over Certificate

48.2 Taking Over of Sections or Parts

49.2 Clarification of Works of Repair 50.1 Request for reimbursement of costs associated with the Engineers

instruction to search for the cause of a defect

51.2 Confirmation of Instruction52.2 Notification

52.3 Notification of Variations Exceeding 15%

52.4 Daywork Record

52.4 Monthly Daywork Statement53.1 Notice of Claim

53.3 Substantiation of Claim

53.3 Substantiation of Claim Continuing Event

54.3 Assistance with Customs Clearance54.4 Assistance with Re-Export of Constructional Equipment

54.1 Consent for the removal of equipment from site56.1 Notice of Disagreement/Agreement with measurement records and

drawings

59.2 Objection to the Nomination of a Nominated Subcontractor

59.3 Design Liability under a Nominated Sub Contract59.5 Proof of payment to a Nominated Subcontractor

59.5 Notice of Withholding Payment to a Nominated Subcontractor

60.1 Monthly Statement60.1 Notification of Non Payment

60.3 Release of Retention Money

60.5 Statement at Completion60.6 Draft Final Statement

60.7 Discharge pursuant to Clause 60.7 of the Conditions

60.3 Release of Second Half of Retention Money62.1 Defects Liability Certificate

65.3 Damage to Works by Special Risks

65.5 Increased Costs arising from the Consequence of a Special Risk

67.1 Request for an Engineers Decision68.1 Notices to Contractor

68.3 Change of Address

69.1 Notice of Termination of Contract69.4 Entitlement to Suspend Work

71.1 Currency Restrictions


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Alexandria Office10 Ahmed Afifi St.

Fathala Market Bldg.San StefanoAlex- Egypt

Tel: +20 3 5846014/16/18

Fax: +20 3 5845858e-mail: [email protected]

June, 2003

M&R700/ Laing/

THE ENGINEERJOHN LAING INTERNATIONAL OFFICEAttention: Mr. Tom B. YoungGround & First FloorNo. 2 Anessah Mai Street,Alexandria

EGYPT

Dear Sirs,

Project : SAN STEFANO COMPLEX : Main Building TP-2a Works

Subject: Request for an Engineers Decision

We are writing to advise you that a dispute has arisen between the parties to the Contractto Clause 67.1 of the Conditions we are referring this to you for a decision.

The nature of the dispute is as follows:

This notice is given without prejudice to any other rights or remedies that we may

possess

Yours faithfully,For and on behalf of Murray & Roberts International

Duncan MeredithProject Director

CC: Mr. Sami Mukhtar SSCMr. Livingston Taylor Client Representative


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Tel: +20 3 5846014/16/18


June, 2003

M&R700/ Laing/


EGYPT

Dear Sirs,


Subject:Notice of Disagreement with Measurement Records Clause 56.1

We refer to the measurement records and drawings issued to us under your referenceNo.. and dated .. and regret that we have been unable to agree these

considering them to be incorrect in the following respects:-

(a) .(b) .

This notice is given without prejudice to any other rights or remedies that we maypossess



CC: Mr. Sami Mukhtar SSC Mr. Livingston Taylor Client Representative

Alternatively should the M&R agree the records and drawings he should confirm hisagreement to the records and drawings as issued and as signed by him.


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Tel: +20 3 5846014/16/18


June, 2003

M&R700/ Laing/


EGYPT

Dear Sirs,


Subject:Substantiation of Claim Ref No

Further to our letter dated giving notice of our intention tosubmit a claim, we now enclose pursuant to Clause 53.3 of the Conditions our account

giving full and detailed particulars of the amount claimed together with full details of the

reasons and grounds upon which our claim is based.As the event is of a continuing nature this account is submitted as an interim account andfurther accounts will be forwarded to you in due course. In accordance with Clause 53.3

we shall send to you a Final Account within 28 days of the end of the effects resulting

from this event.May we ask that you advise us as to the intervals at which you require further interim

accounts and whether the attached and any further accounts are to be copied to the

Employer.


possess



CC: Mr. Sami Mukhtar SSC

Mr. Livingston Taylor Client Representative Encl:


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Tel: +20 3 5846014/16/18


June, 2003

M&R700/ Laing/


EGYPT

Dear Sirs,


Subject:Substantiation of the Claim Ref No .

Further to our letter dated.. giving notice of our intention tosubmit a claim, we now enclose pursuant to Clause 53.3 of the Conditions our account

giving full and detailed particulars of the amount claimed together with full details of the

reasons and grounds upon which our claim is based.


possess




Enc:

The above or the following notice is to be given with 28 days or such other time as

may be agreed with the Engineer for the giving of such notice under Clause 53.1 of

the Conditions.


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Tel: +20 3 5846014/16/18


June, 2003

M&R700/ Laing/


EGYPT

Dear Sirs,


Subject: Notice of Claim

In accordance with the requirement set down in Clause 53.1 of the Conditions we arewriting to give you notice of our intention to claim additional payments pursuant to

Clause.

The event which is as follows.. occurred on the. and we are keeping such contemporary records as we feel

necessary to substantiate our claim.


possess





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Tel: +20 3 5846014/16/18


June, 2003

M&R700/ Laing/


EGYPT

Dear Sirs,


Subject: Notification of a Varied Rate

In accordance with the requirements of Clause 52 we write to give notice pursuant toClause 52.2(a) of the Conditions of our intention to claim a varied rate for since

the nature of the work arising from your Variation Instruction is such as to render the

Contract rate inapplicable for the following reason..


possess





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Tel: +20 3 5846014/16/18


June, 2003

M&R700/ Laing/


EGYPT

Dear Sirs,


Subject: Request for Reimbursement of the Costs Associated with Instruction to

Search for the Cause of a Defect

Further to your instruction dated requiring us to provide the

appropriate facilities to determine the cause of the defect noted we are writing to confirm

that this has now been done and we must advise you as follows:-

The search and investigation have shown that the defect reported to us cannot be

attributed to any neglect or failure on our part under the Contract nor to the use of

materials or workmanship not in accordance with the Contract and accordingly werequest that the costs which we have incurred be added to the Contract Sum pursuant to

Clause 50.1 of the Conditions.


possess





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Tel: +20 3 5846014/16/18


June, 2003

M&R700/ Laing/


EGYPT

Dear Sirs,


Subject: Clarification of Works of Repair

We refer to the Schedule of Defects issued pursuant to Clause 49.2 and write to adviseyou that in our opinion the following items.

(a) .(b) .are defects which are not attributable to any neglect or failure on our part to comply with

any obligation expressed or implied under the Contract.

As we regard these items of defects to have arisen from other causes we request that the

value in making good be therefore assessed and paid for as additional work in accordance

with Clause 52 pursuant to Clause 49.3 of the Conditions.


possess





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Tel: +20 3 5846014/16/18


June, 2003

M&R700/ Laing/


EGYPT

Dear Sirs,


Subject: Interim/Final Particulars of Claim

In accordance with the requirements of Clause 44.3 we enclose interim/final particularsin respect of the event referred to in our letter dated..

The event referred to has had a continuing effect such that it has not been practicable forus to submit detailed particulars within the period of 28 days referred to in Clause44.2(b).





Enc:


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Tel: +20 3 5846014/16/18Fax: +20 3 5845858

e-mail: [email protected], 2003

M&R700/ Laing/

THE ENGINEERJOHN LAING INTERNATIONAL OFFICEAttention: Mr. Tom B. YoungGround & First FloorNo. 2 Anessah Mai Street,

AlexandriaEGYPT

Dear Sirs,


Subject: Detailed Particulars of Claim

Further to our letter dated.. giving notice of an event which

fairly entitles us to an extension of time we now write in accordance with Clause 44.2(b)

to enclose detailed particulars of the extension of time to which we consider ourselvesentitled in relation to (give details of the nature of the event referred to in the notice givenunder Clause 44.2(a)).





Enc:


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Tel: +20 3 5846014/16/18


June, 2003

M&R700/ Laing/


EGYPT

Dear Sirs,


Subject: Application for Extension of Time

In accordance with the provisions of Clause 44.2(a) we write to give notice that an eventhas occurred within the last 28 days which is such as fairly to entitle us to an extension of

the time for completion of the works or a section thereof.

The event was.. and item(a) (e) of Clause 44.2 applied.


possess





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Tel: +20 3 5846014/16/18


June, 2003

M&R700/ Laing/


EGYPT

Dear Sirs,


Subject: Notice to Treat Suspended Work as Omitted from Contract

We refer to our letter dated seeking your agreement toproceed with the contract works/part of the works and note that the period of 28 days

have now elapsed since our request to proceed.

We write therefore to give notice pursuant to Clause 40.3 that we elect to treat thesuspension as an event of default by the Employer and terminate our employment under

the Contract in accordance with the provisions of Clause 69.1 of the Conditions/an

omission of the suspended part of the Contract under Clause 51.


possess





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Tel: +20 3 5846014/16/18


June, 2003

M&R700/ Laing/


EGYPT

Dear Sirs,


Subject: Request for Permission to Proceed with Suspended Works

We refer to your instruction..to suspend the progress of thecontract works/that part of the works and note that 84 days have now elapsed from the

date of your instruction.

We write therefore to give notice pursuant to Clause 40.3 of the Conditions requiringpermission within 28 days to proceed with the suspended work.

This notice is given without prejudice to any other rights or remedies that we maypossess.





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Tel: +20 3 5846014/16/18


June, 2003

M&R700/ Laing/


EGYPT

Dear Sirs,


Subject: Notice of Delay and Additional Costs Arising from Suspension of Work

We refer to your instruction to suspend the progress of thecontract works/that part of the works and write to give notice of delay and extra cost

arising from your instruction pursuant to Clause 40.1 of the Conditions.

The suspension is not to be the best of our knowledge attributable to items (a)-(d) ofClause 40.1.

We shall maintain such contemporary records as may be required by you to substantiateour additional costs and to support our request for an extension of time pursuant to

Clause 44.


possess.





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Tel: +20 3 5846014/16/18Fax: +20 3 5845858

e-mail: [email protected], 2003

M&R700/ Laing/

THE ENGINEERJOHN LAING INTERNATIONAL OFFICEAttention: Mr. Tom B. YoungGround & First FloorNo. 2 Anessah Mai Street,

AlexandriaEGYPT

Dear Sirs,


Subject: Removal of Improper Work

We refer to your Instruction No requiring us to

remove

. on the basis that we have improperly constructed this by using materialswhich do not comply with the Specification.

We have now looked at this matter carefully and it is our opinion that the materials used

comply fully with the Contract Conditions and that as such their removal should not berequired pursuant to Clause 39.1 of the Conditions but should be the subject of a

Variation order issued under Clause 51.1 of the Conditions.


possess





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Tel: +20 3 5846014/16/18


June, 2003

M&R700/ Laing/


EGYPT

Dear Sirs,


Subject: Request for determination pursuant to Clause 36.5

of the Conditions

Further to your Instruction dated .. testing has been

carried out on . and you have confirmed that these tests have

been completed to your satisfaction and that the materials/plant/workmanship were foundto be in accordance with the Contract requirements.As these tests were not provided for in the Contract and as a result delay to our

programme and additional costs have been incurred, we are writing to request that

pursuant to Clause 36.5 of the Conditions you determine the extension of time to whichwe are entitled and also the amount of the costs to be added to the Contract Price.

We attach our record of the delay incurred and the total costs which were involved.


possess



CC: Mr. Sami Mukhtar SSC

Mr. Livingston Taylor Client RepresentativeEnc:


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Tel: +20 3 5846014/16/18


June, 2003

M&R700/ Laing/


EGYPT

Dear Sirs,


Subject: Boreholes and Exploratory Excavation

Further to your Representatives recent request we are writing to confirm that we havecompleted the exploratory excavation work.

This work is not covered by either a Bill of Quantities item or included therein as aprovisional sum.

May we therefore request an instruction under the provisions of Clause 51, pursuant to

Clause 18.1 of the Conditions.


possess





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Tel: +20 3 5846014/16/18


June, 2003

M&R700/ Laing/


EGYPT

Dear Sirs,


Subject: Request for reimbursement of costs in correcting inaccurate setting out

data

We refer to your drawing No . which gives details of setting out points, lines andlevels of reference for all parts of the Works.

It has now become apparent that the drawing is inaccurate in so much that. and that we have as a direct result of working to the informationgiven incurred expense in correcting the setting out and correcting faulty construction

work.

May we therefore request that additional costs that we have incurred be reimbursed to uspursuant to Clause 17.1 of the Conditions.

To enable you to determine an addition to the Contract Price in accordance with Clause52 we are maintaining contemporary records and these are available to you to assist your

determination.


possess


Duncan MeredithProject DirectorCC: Mr. Sami Mukhtar SSCMr. Livingston Taylor Client Representative


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Tel: +20 3 5846014/16/18


June, 2003

M&R700/ Laing/


EGYPT

Dear Sirs,


Subject: Legally/Physically Impossible Work

Pursuant to Clause 13.1 of the Conditions we write to give notice that having examinedyour Drawings it is apparent that the work as designed cannot be constructed

because it fails to . /or is physically impossible to

construct because

Since this is a matter for which we are not liable under Clause 13.1 may we request an

instruction to vary the works pursuant to Clause 51.1.


possess





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Tel: +20 3 5846014/16/18


June, 2003

M&R700/ Laing/


EGYPT

Dear Sirs,


Subject:Notice of Not Foreseeable Physical Obstruction or Conditions

In accordance with the requirements of Clause 12.2 of the Conditions we write to givenotice that we have encountered physical obstructions on site which in our opinion were

not foreseeable by an experienced contractor.

The physical obstruction is and located..


possess





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Tel: +20 3 5846014/16/18


June, 2003

M&R700/ Laing/


EGYPT

Dear Sirs,


Subject: Request for Additional Information

Disruption of Progress

Further to our discussion with your Representative and pursuant to Clause 6.3 of the

Conditions we now write to confirm that the execution of the works is likely to be

delayed or disrupted unless details . are issued by you within a reasonable time.Such delay or disruption will incur additional consequential costs.

Our requirements were indicated on the Programme issued to you on

and to avoid delay the details requested should be made availableto us not later than.



Duncan MeredithProject DirectorCC: Mr. Sami Mukhtar SSC Mr. Livingston Taylor Client Representative


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Tel: +20 3 5846014/16/18


June, 2003

M&R700/ Laing/


EGYPT

Dear Sirs,


Subject: Dissatisfaction with an Instruction of the Engineers Representative

We write to acknowledge receipt of Instruction No relating to .issued by your Representative.

We have considered this instruction carefully and believe this to be contrary to the spiritand intention of the Contract and therefore question this pursuant to Clause 2.3(b) of theConditions and request that this be confirmed/reversed/varied accordingly.

This notice is given without prejudice to any other rights or remedies that we maypossess.




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FIDIC Draft Notices Specimen Letters (AMi)

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