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Construction Law/Negative variation case for discussion


Tesfa wrote at 2011-02-26 10:54:04
In FIDIC Conditions of contract it is possible to change to Lump sum contract by simply deleting clause 55 & 56 and introducing new clause in the Part II the contract is Fixed  lump sum and not subject to re-measurement. This is enough to change the FIDIC condition of contract to Lump sum.

With regard to your question, that is if the engineer has the right to ask for negative variation or not. As per the FIDIC 1987/92, he has the right to do so if he omits any scope of work from the contractor based on contract documents (scope)-check your document priority which one comes first.

What is indicated in the drawing as four side is the quantity to be done by you. And the price indicated in your tender without stating to the two sides is simply meant for the four sides.

BOQ is only schedule of rate in case of lump sum contract you can't be rectified through variation procedure. But Scope of work indicated in the drawings and specs are subject to variation as in your case(negative variation) since it is shown in the drawing four side shoring. You must have explained or elaborated in the tender that you sum is only for two sides.

But if you don't stipulated else where in the contract document that you price for the same is not for the four sides, you may justify to the engineer for his sole decision the price indicate under the shoring is only for the two sides. Up on justification, you may be waived from such saving charge.

Edouard Tarabey wrote at 2013-04-29 19:27:37

Though the subject is over now as I guess, I would say that no negative variation shall be applied. It is not related to inspection of site during tendering, or to of course priority of documents in lump sum contracts where specs and drawings define the scope and prevail on BOQ, but it is related to project caracteristics which remain the same in terms of quality, space, and functionality. the shoring plays the role of temporary works permitting the construction not permanant works(it is a protection for landslide and serve as dead shuttering)and therefore negative variation is not rightful

Ajay Chawla wrote at 2014-07-04 10:52:26
I agree with Edouard's observation that Shoring is a temporary arrangement and falls under category of Safety Arrangements but can not be considered as Permanent Works, in turns does not vary the Scope of Work, Specifications or Intended Use of the project.  

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kifle semu


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Mr. Kifle is a senior reputable Civil Engineer and project management specialist, (BSc. in Civil Engineering & MBA specialized in Project Management), with more than 29 years of professional experience, mostly in Sub-Saharan Africa, in infrastructure projects. He has an extensive international experience in the field of Civil Engineering including capacity building for Road Authorities, rural road projects, contract management, claims administration, buildings, drainage, bridges, and other Infrastructures projects management.

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