Comments in red below :-

-----Original Message-----
From: Buddhika Patikiri [mailto:Buddhika.Patikiri@nakheel.com]
Sent: 28 April 2008 12:40
To: INDRAWANSA SAMARATUN
Subject: Clarification

Dear Professor Sam

Kindly clarify following:

Is there any requirement of giving notices for any variations by the contractor? Also could we
reject any variation upon not providing such notices?

Please clarify this pursuant to clause 52.2(paragraph two) of FIDIC Conditions of Contract

Thanks & Regards -----Original Message-----

From: elisa villalon [mailto:elisavillalon@yahoo.com]
Sent: 02 May 2008 00:00
To: sam99@eim.ae
Subject: class of spring 2008

Dear Prof. Sam,

 
I would like to thank you for imparting us your knowledge and skills gained in your years
of practising that profession. Unselfish people like you are very seldom seen especially
nowadays. I was really felt privileged to have attended to this kind of training. I learned
so much and I'm sure same with my batch mates and others. The effort and time we spent
is really worth. I can consider that the knowledge we learned is priceless. 
 
May you stay young looking, healthy and strong and continue to touch more people's life
for more years and decades. I'm looking forward for the second part of this training.
Surely we will miss attending your lectures.
 
 
Best Regards,
 
 
Elisa Villalon

-----Original Message-----
From: qs_dubai@yahoogroups.com [mailto:qs_dubai@yahoogroups.com] On Behalf Of rajesh
kumar
Sent: 15 April 2008 16:48
To: qsindiagroup
Subject: [qs_dubai] need small help.....clarification

sir
 
Project : Infrastructure (Pipe Laying & Roadworks)
 
Division: Storm water Drainage
 
according to CESMM3 for all other pipeworks like water line, sewerage, Irrigation ....the
rates for pipe laying includes excavation, pipelaying, bedding, backfilling, all
fittings(reducer, bend, tee,.....) etc,...
 
but especially for storm water drainage, Tee connection will come only where gully &
Inspection port connecting with main perforated pipe
whether  rate for TEE is included in pipelaying cost or with the cost for installation of
Inspection port & gully ???????????????????????
 
kindly reply as soon as possible
Tanaking you in anticipation
R.Rajeshkumar

-----Original Message-----
From: anjalia@thermoproj.ae [mailto:anjalia@thermoproj.ae]
Sent: 30 April 2008 16:39
To: Prof. Sam
Subject: DELETION OF LIGHT FITTINGS

Hi Dr.Sam,

I have attended your Contract Administration classes last year.

I have a query about Lump sum Contract.
1) In our Contract we have now one particular type of  light fittings to be omitted.
In BOQ, Light fitting Type-A is  80 nos. @ 100 DHS
As per contract drawings it is 100nos.
Now the type itself is deleted from scope of work.
The consultant is asking to give cost saving for 100 nos. of Light fittings @ 100 DHS.
Can you give me the correct answer for this.

2) Another type of light fitting

In BOQ, Light fitting Type-B is  60 nos. @ 100 DHS
As per contract drawings it is 200nos.
Now as per revised drawing only 40 nos. are balance.
The consultant is asking to give cost saving for 200 nos. of Light fittings @ 100 DHS, & add 40
nos. @ 100 dhs.

Please help me to find out a solution to tackle this situation.

Hope you will squeeze some time to answer this & help me.

Thanking you
Regards

Anjali Anand
Sr. Quantity Surveyor

-----Original Message-----
From: mohamed salah [mailto:mohamed_sal67@yahoo.com]
Sent: 12 April 2008 10:57
To: sam99@emirates.net.ae
Subject: Nominated subcontractor

Dear Dr. Sam.

Would you Please to advice me for the following case:
The nominated subcontracor who is recommeneded by the client enter into a contract
with the main contractor with a contract form which imposed by the client.This
contract does not include any retention clause and the two parties signed the contract as
is.In the contract between the client and main contractor there is an appendix to tender
shows a retention with 10% of the contract price (including the the price sum of
nominated subcontractors and suppliers).As an enginer representative I deducted the 10%
retention from the main contractor interim payment according to the Conditin of
Contarct and appendix.Now the main contractor asks to apply the same deduction from
the nominated subcontractor back to back.
My question is:Does the main contractor has the right to deduct the retention from the
nominated subcontractor in the absence of such term in between the tow parties(main and
sub contractor).
 
Thank for your continued help.
Regards,
 
Mohamed Salah Eldin

-----Original Message-----
From: ShibuKJohn@wadeadams.com [mailto:ShibuKJohn@wadeadams.com]
Sent: 31 March 2008 15:10
To: Prof. Sam
Subject: question

Dear Dr.sam
 
I would request you to advice me on  following situation:
 
Question 1.
 
The contractor has a valid claim for extension of time and additional cost due to
additional works instructed by the engineer in one of our RTA contract. The client has
agreed in principle for the extension of time and cost, but nothing in writing. Since the
engineer cannot monitor the progress based on the approved clause 14 programme, he
keeps on requesting for a revised programme incorporating all the additional works.
 
 Is it advisable to  submit a revised programme  before finalising the claims?
 
 
Question 2.
 
 
If the consultant did not provide the  detailed  specification of irrigation works for tender 
and as an experienced contractor we priced it . But during execution stage we are in  need
of it for the material submittals and other references, can i ask for it officially ?
 
How can i  defend myself if any variation arises due to the new specification ?
 
regards
----- Original Message -----
From: Lourdes Beato
To: Prof Sam <sam99@emirates.net.ae>
Date: Tue, 15 Apr 2008 00:37:40 -0700 (PDT)
Subject: [No Subject]
Dear Prof. Sam,

I would like to ask if the contractor is entitled for

an EOT due to adverse climatic condition (this was
during the rainy days happened last January) as per
FIDIC clause 44.1 (c)? Yes.

If No, why?

If yes, what documents are required to prove that he

is entitled for EOT?  Weather reports from meteorological department to show that the climatic condition was
exceptional (out of the ordinary) when compared to the typical climatic conditions over the past 15 - 20 years
(or such other period stated in the contract) and site records/photos proving that progress of the Works were
adversely affected, plus a delay impact analysis demonstrating cause and effect.

Regards,

Prof. Sam.
 
Prof. Indrawansa Samaratunga PhD, DSc
FRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEng
Chartered Quantity Surveyor and Registered Arbitrator / Expert
Australian Inst.of Qty.Surveyors-Middle East Representative
PO Box 23461, Dubai, UAE. T +971504588949 F +97143378668

Kind regards,

Lourdes