My replies are now given in red below.

----- Original Message ----From: Gudmi Mohammed Sadik "Gudme.Sadik@nakheel.com"

To: sam99@eim.ae
Date: 09:01 AM
Subject: RE: Questions & Answers 30-10-07 CA Training

Dear Doc,
Where the obligation of Contractor to get the NOCs mentioned under the
GCOC.

Thanks and Regards

Mohammed Sadik. G
Dear Mr. Sadik,
It is not stated in the GCOC. That is why it is important to state it either in Part II or in any of the other
Contract Documents, whether the responsibility is Employer's or Contractor's. In some Forms used in Dubai
it is the Contractor's Responsibility as stated in the DEWA works section of the General/Particular Specs.
Regards,
Dr. Sam.

Dr. 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

----- Original Message ----From: Naveen "Naveen@ambb.net"

To: sam99@eim.ae
Date: 02:17 PM
Subject: RE: Questions & Answers 30-10-07 CA Training

Dr. Sam
In our one of the project, when we applied for the DEWA NOC for shoring, we could not get the
DEWA NOC due to some cable passing through the plot. We have already mobilized on the site
and it took 6 Months to get the NOC. Please advice me the following:1)

Should we get the extension of time with cost? If obtaining the NOC is your obligation
then it is not likely that you have a claim.

2)

The shoring contractor can not mobilize for next two month and the price of new shoring
subcontractor is expensive, do I have entitlement to get the difference in the price
between new subcontractor and old subcontractor? Since you may not be able to find
an Employers culpability for this delay it is unlikely that you can claim this.

Regards,
Dr. Sam.

Dr. 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

Regards
Naveen

----- Original Message ----From: Hasaranga Fonseka "hasarangarf@yahoo.com"

To: "dr.sam" "sam99@eim.ae"
Date: 08:44 AM
Subject: Question

Dear Dr Sam,
I have small problem , as per below.
we have suitable material excavation
and unsuiltable material excavation
say 40000 and 30000 cu m respectively
and 30000 disposal
suitbale 40000 * 20 = 800 000
unsuitable 30000 * 60 = 1800 000
disposal 30000 * 10 = 300 000
in a lump sum project during excution u found that only 10000 unsuitable and 60000
suitbale ( toatal Same )
unsuitable excavation prize is 3 time more than suitbale excavation
my project manager wants to consider the possibility of a negative variation .
can we issue a variation as omission of qty.s
Pls reply.
Variations can be instructed to omit part of the Works (i.e. what is shown in drawings
and/or what is described in specs. Variations cannot be instructed to omit or alter
estimated quantities given in the BOQ and/or to omit BOQ items.
thank you
hasaranga fonseka
----- Original Message ----From: "N.N. Sukanthan" "sukanthan2000@yahoo.com"
To: samaratunga "sam99@emirates.net.ae"
Date: 03:13 PM
Subject: Clarification

Dear Dr.Sam
Sir, i have 2 problems to discuss with you, if you have time please clarify,
1- in our site, as per the original design the size of the hourdi blocks to the slab was 550x200x200mm, as
per that we tendered ( estimators fault). If your estimators made this mistake, then it is unlikely that the
Employer could be held responsible for that ! but in UAE the available size is 440x200x200mm.
Problem- Number of rib beams increased, redesigning,approvals from the authorities.
consultant requested us to do our own cost, because it is our fault we made in the tender stage.
under which ground we can claim the lost. ( This is Lumpsum project) If 550x200x200 size is not available
anywhere in the world, then perhaps you could plead that the Design was incorrect and any re-designing
should be at the cost of those who designed it incorrectly.
2- In our project I submitted one Notification of delay regarding the delay approval of shop drawing,
because still we are delaying to start the part of the footing works. Engineer replied for the particular
Notification of delay as "YOU ARE REQUESTED TO SUBMIT THE DETAILS AS PER CLAUSE 6.3."
WHT SHOULD I DO ? According to 6.3 the Contractor should have first informed the Engineer about :when the approval is required
What would happen if the approval is delayed,
before notifying the intention to claim EOT/Costs under 6.4
Sorry to take your valuable time.
Thank you
Regards
Sukanthan

-----Original Message----From: ranjan dommaniga [mailto:ranjan1967@hotmail.com]

Sent: 08 November 2007 18:29
To: sam99@eim.ae
Subject: RE: Questions & Answers 30-10-07 CA Training
Dear Dr SAM
Could you please explane me what is the different between Variation 'V' those
instructed under Sub-Clauses 51.1, 5.2, 7.1, 13.1 and 18.1 (mostly of additional or
extra work nature) and Varied work 'VW' those instructed under 17.1, 20.3, 31.2, 49.2
and 65.3 (mostly of rectification nature) with some example.
Regards,
Dr. Sam.

Dr. 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

Have a good day

Ranjan

----- Original Message ----From: Susantha Kumarage "SusanthaKumarage.Kumarage@nakheel.com"

To: INDRAWANSA SAMARATUN "sam99@emirates.net.ae"
Date: 03:56 PM
Subject: Request for Clarify

Dear Dr.
I have a question is as follows.
For the variations we allowed to use contract mark-up (14%) for calculation of star rate build-up.
That consists of HO over heads (6%) + Site over heads (5%) + profit (3%) according to the rate
break down submission for the Tender. Eventually we granted EOT and paid prolongation cost
along with HO over heads (6%) by using Hudsons formula. Can we request from PM to remove
previously approved/paid 6% from all variations

Best Regards,
Dear Mr. Kumarage,
Under FIDIC or similar forms of Contract where Sub-Clause 52.3 is active you cannot deduct OH paid in
respect of variations, from OH reimbursed through prolongation costs, if the total of the value of varied work
and value of quantity differences between the BOQ and actual work done does not exceed the % stated in
the Sub-Clause.
Reagrds,
Dr. Sam.

Dr. 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