The Engineer shall, within 28 days of recieving of such statement, certity to the Employer the amount of payment to the Contractor.
If The Engineer take the extra time above 28 days to certify and deliver to Employer the such statement, who shall compensate or responsible for these day's interest claim etc.
According to the clause 60.10 the Emplyer's time for payment shall start after the Engineer submition."
The responsibility for delaying the payments falls on the consultant because he is the one who did the delay. But we need to clarify that the agreement is between the contractor and the employer and the consultant is employed by the employer as an agent, then the employer has to bear the results of all his agent's actions.
When the payment is delayed beyond the 28 consultant's days, it is possible that employer can pay within the total allowed period otherwise and if the delay goes beyond such period, then the contractor will be entitled for the compensation. The employer will have to pay the compensation to the contractor and he can deal later on with his agent (consultant).
Please read this clause from FIDIC 2005. It explains the issue but on the other hand, the agreement between the Consultant and the Employer is very important and it is not usually based on FIDIC Conditions. I mean the following condition is only related to Contractor-Employer Responsibilities.
If the Contractor does not receive payment in accordance with Sub-Clause 14.7
[Payment], the Contractor shall be entitled to receive financing charges compounded
monthly on the amount unpaid during the period of delay. This period shall be deemed
to commence on the date for payment specified in Sub-Clause 14.7 [Payment],
irrespective (in the case of its sub-paragraph (b)) of the date on which any Interim
Payment Certificate is issued.
Unless otherwise stated in the Particular Conditions, these financing charges shall be
calculated at the annual rate of three percentage points above the discount rate of the
central bank in the country of the currency of payment, and shall be paid in such currency.
The Contractor shall be entitled to this payment without formal notice or certification,
and without prejudice to any other right or remedy.
If The Engineer take the extra time above 28 days to certify and deliver to Employer the such statement, who shall compensate or responsible for these day's interest claim etc.
According to the clause 60.10 the Emplyer's time for payment shall start after the Engineer submition."
The responsibility for delaying the payments falls on the consultant because he is the one who did the delay. But we need to clarify that the agreement is between the contractor and the employer and the consultant is employed by the employer as an agent, then the employer has to bear the results of all his agent's actions.
When the payment is delayed beyond the 28 consultant's days, it is possible that employer can pay within the total allowed period otherwise and if the delay goes beyond such period, then the contractor will be entitled for the compensation. The employer will have to pay the compensation to the contractor and he can deal later on with his agent (consultant).
Please read this clause from FIDIC 2005. It explains the issue but on the other hand, the agreement between the Consultant and the Employer is very important and it is not usually based on FIDIC Conditions. I mean the following condition is only related to Contractor-Employer Responsibilities.
If the Contractor does not receive payment in accordance with Sub-Clause 14.7
[Payment], the Contractor shall be entitled to receive financing charges compounded
monthly on the amount unpaid during the period of delay. This period shall be deemed
to commence on the date for payment specified in Sub-Clause 14.7 [Payment],
irrespective (in the case of its sub-paragraph (b)) of the date on which any Interim
Payment Certificate is issued.
Unless otherwise stated in the Particular Conditions, these financing charges shall be
calculated at the annual rate of three percentage points above the discount rate of the
central bank in the country of the currency of payment, and shall be paid in such currency.
The Contractor shall be entitled to this payment without formal notice or certification,
and without prejudice to any other right or remedy.
