Expert: Emilian TRAISTA - 8/19/2010

Question
A clause in the preamble to a Bill of Quantities states: Items that are not included in the BoQ but are necessary for the proper completion of the work (whether specified and shown on the drawings or not) shall be executed and their prices shall be deemed to be covered by other rates or prices that make up the Tender total'
I believe this to be unenforceable. Your opinion, please.

E14

Answer
Dear Brian,

You may be right, but it really depends on the type of contract:
is it a pure "construction" contract or a "design-build" with BoQ (strange, but used in many places)?
In a "construction" contract, this is an attempt for an abuse.
In a "design-build" contract, the Contract price covers all necessary to build the Works as described in the Requirements, therefore the BoQ is (it shouldn't exist in the first place) less important.

I hope this helps.
If you have further questions, comments, I'll be pleased to continue the conversation with you.

Good luck to you and have a nice day.
Emilian