Construction Law/claim question

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Question
Hi Mr. Alofe,
My contract is yellow fidic 1999 and my case is as follow:
The employer sent a claim (the engineer said that it is not a claim but a variation, but the employer insisted on proceeding with a claim procedure)regarding a deduction in quantities of excavation works due to different soil conditions which are employer's risk.
The engineer had to determine because the contractor missed to give any proof of his loss and the employer claim was calculated in this way:
45 000 m3-750 000 $-that's the schedule of values
15 000 m3-250 000 $- valuation of claim.
The determination was done but now the contractor came up with proofs of his loss (cost per unit; unobsorbed overheads) and the engineer thinks that the contractor really suffered this loss. So my question is how can  the engineer overcome the situation using the contract procedure to reimburse the contractor for the costs incurred?
Best regards

Answer
Dear Radoslav
Hello
I am taking the opportunity to reply your question;
According to FIDIC 1999(yellow book). Engineer is correct, the proposal is variation not a claim.
For the loss due to reduced quantities , the contractor may claim for the profit component.
I hope this will help to you.
With best regards
SAMNA KHANDELWAL  

Construction Law

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Sanjay Khandelwal

Expertise

I can answer related to the various construction contracts forms related with disputes and claims.Expertise in to evalute the extension of time,cost and profit claims.I can answer regarding the contract management in civil works.

Experience

I have the experience of construction industry, as a consultants,executor of construction activities of infrastructure development like road and buildings. I have the experience of various software related to design of highways and quantity evaluation.

Organizations
I am life member of Indian Road Congress,INDIA I am presently employed with M/s Lion Engineering Consultants,INDIA

Education/Credentials
My educational qualifications are as below: I am engineering graduate from MITS, INDIA,1987 I have completed my Post graduation from NIT,INDIA,2011

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