First forfeiture bill of particulars2/10/2024 ![]() ![]() If such particulars are insufficient to substantiate the whole of the claim, the Contractor shall be entitled to payment in respect of such part of the claims as such particulars may substantiate to the satisfaction of the Engineer. The fifth paragraph The Contractor shall be entitled to have included in any interim payment certified by the Engineer pursuant to Clause 60 such amount in respect of any claim as the Engineer, after due consultation with the Employer and the Contractor, may consider due to the Contractor provided that the Contractor has supplied sufficient particulars to enable the Engineer to determine the amount due. 53.2 and 53.3 :-Ĭlause 53.4 : If the Contractor fails to comply with any of the provisions of this Clause in respect of any claim which he seeks to make, his entitlement to payment in respect thereof shall not exceed such amount as the Engineer or any arbitrators appointed pursuant to Sub-Clause 67.3 assessing the claim considers to be verified by contemporary records (whether or not such records were brought to the Engineer's notice as required under Sub-Clauses 53.2 and 53.3) Then, the fourth sub-clause comes the failure to comply with the requirements of Cl. The Contractor shall, if required by the Engineer so to do, copy to the Employer all accounts sent to the Engineer pursuant to this Sub-Clause. ![]() In cases where interim accounts are sent to the Engineer, the Contractor shall send a final account within 28 days of the end of the effects resulting from the event. Where the event giving rise to the claim has a continuing effect, such account shall be considered to be an interim account and the Contractor shall, at such intervals as the Engineer may reasonably require, send further interim accounts giving the accumulated amount of the claim and any further grounds upon which it is based. A detailed claim :- Clause 53.3 : Within 28 days, or such other reasonable time as may be agreed by the Engineer, of giving detailed particulars of the amount claimed and the grounds upon which the claimed is based. The Contractor shall permit the Engineer to inspect all records kept pursuant to this sub-clause and shall apply him with copies thereof as and when the Engineer so instructs. Without necessarily admitting the Employer's liability, the Engineer shall, on receipt on a notice under Sub-Clause 53.1, inspect such contemporary records and may instruct the Contractor to keep any further contemporary records as are reasonable and may be material to the claim of which notice has been given. Then the second sub-clause where the Contemporary Records are required :- Clause 53.2 : Upon the happening of the event referred to in Sub-Clause 53.1, the Contractor shall keep such contemporary records as may reasonably be necessarry to support any claim he may subsequently wish to make. ![]() First is the requirement of the notice :- Clause 53.1 : Notwithstanding any other provision of the Contract, if the Contractor intends to claim any additional payment pursuant to any Clause of these conditions or otherwise, he shall give notice of his intention to the Engineer, with a copy to the Employer, within 28 days after the event giving rise to the claim had first arisen Clause 53 of FIDIC is divided into 5 sub-clauses. A "Notice of Claim" is intended to do exactly what its name implies - Provide advanced notice to a Client/Employer prior to the commencement of an Actual Claim. ![]() A notice of claim is a legal document that requires to be prepared and served as a condition precedent to later bringing a claim for damages against a Client or Employer. ![]()
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