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Payment on maintenance of vehicle

Omer HassanMember for 18 years 3 months
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Hello Everybody

In FIDIC IV 1987 edition reprinted 1992 based contract document, at the time of bidding process, employer added provisional sum amount in BoQ for running and maintenance of vehicles for Employer / Engineer’s Representative.

Now Employer maintains the vehicle by himself and charges that maintenance amount of vehicles to the contractor’s IPC. In a way Employer deduct the actual amount incurred on maintenance of vehicle from contractors invoice and charged to provisional sum item.

In view of above, Can employer deduct payment from Contractor’s invoice. If not then please explain some modality through which employer can do the maintenance of vehicle by himself and charged that amount to contractor on BoQ pay item of running and maintenance of vehicles for Employer / Engineer’s Representative.


Regards,

2 replies

Oldest first
  1. 0
    Pranab Kumar Deb ·
    Hello Omer,

    Was the provisional sum item awarded to the contractor. If yes then might be the engineer can remove the same from the contractor’s scope.
    Refer to clause 58.1 for the definition of provisional sum.

    regards

    deb
  2. 0
    Ashraf Alawady ·
    the employer can only deduct some value of he monthly payment if the contractor’s failed to comply with the contract requirements.

    so if the contractor failed to do the proper mentenance for the car then the employer can instruct other party to do the needful and deduct the actual cost from the contractor payments.

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