Construction Law/Items missed in BOQ


In an infrastructure project , FIDIC 4 is used , an item of is part of the Construction Drawings and SPECS , whilst  it is missed in the BOQ.The contractor has claimed for Time and Cost against this item, Will the contractor will be entitled for cost and time  ,moreover is he entitled for Prelims?  many thanks

Dear Mohammed,

Thank you for your question.

It is highly likely that Contractor (or any Tenderer), did not raise any request for clarification during tendering period, in respect of that mismatch.

I also suspect the Contract clearly states that Permanent Works are to be executed in the Drawings, Specifications and any other contract documents.

As such, it is highly likely that price for respective item should have been included in the prices for other related items.

It obviously depends on several aspects, but simply based on provided information, I would say the Contractor would have an uphill battle to demonstrate his entitlement.

If he manages to demonstrate that, then Prelims will be included too.

There is no definite answer, one need to look closely at several aspects, but in principle,  Contractor's entitlement is challengeable.

Hope that helps.

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