Construction Law/Extension of time


QUESTION: We have been a contract and we are using FIDIC. We priced a BOQ and this was competitive biding. However when we where given the drawings we realized that we had to construct concrete columns and beams as part of the extension and this was not captured in the BOQ. The client refuses to give an extension of time and say we had the time during the tender stage to view the drawings so we catered for the concrete works however they have agreed to costs.Is the client correct in refusing the extention of time

ANSWER: Hi Boitumelo
I am sorry to say it but the client is correct.
A BoQ is not meant to describe the full scope of work and the contractor should have viewed the full scope of work on the drawings before tendering for the work.
Best regards
Mike Testro

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Is there any case law to this area.

Hi Boitemolu
I am sure there is in English common law - check out Atkinson Law.
I have come across this situation several times.
Once when the contract was JCT with Bill of Approximate Quantities where it IS the BoQ that defines the scope of work.
Another was ICE 5 (FIDIC UK form) where the BoQ did not contain any rebar for the bridge deck but it was obviously necessary for the works.
It therefore had to be part of the programme.
You will probably find in your case that the terms of agreement define the scope of works by reference to drawings and specification - which contains the concrete works.
The BoQ is re-measurable.
Best regards
Mike Testro

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Mike Testro


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45 years in the Construction Industry 15 Years as a consultant delay analyst - I now hold myself to be expert in this field.

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6 articles on the relevance of the India Contract Act 1872 and its relevance to modern construction in India. Waiting Publication

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Currently employed in India by Punj Lloyd as expert delay analyst. Engaged in ongoing arbitrations and EoT claims. Prior an Indepenent consultant in delay analysis.

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