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FIDIC 2010 ‘pink book’ – Contractor’s Issues with Interim Payments

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In an infrastructure construction project that shall remain confidential, the main Contractor and the Engineer disagreed about the format and contents of applications for Interim Payment under GCC 14.3 of the 2010 FIDIC pink book. They also disagreed if the Engineer could withhold all interim payments under GCC 14.6, when some supporting records were missing or disputed, but other records were accepted.

The results were tens of thousands of printed pages, overworked QS staff on all sides, millions of Dollars in late payments and a claim for financing charges.

I made a little ‘lessons learned’ presentation, originally for internal purposes only. The idea is for contractors to check if their draft applications are valid, and what to do if the Engineer disagrees. You can find a PDF of the presentation below:

You can also find a copy of the FIDIC 2010 MDB General Conditions of Contract for Construction (‘FIDIC pink book’) free of charge on the website of the Japan International Cooperation Agency (JICA) on their website, which you can reach by clicking here.

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