Construction Law/Limit of Work


Hi John

The contract is bespoke but largely based on FIDIC 87 red book. It is a lumpsum contract.

The Contract drawings had a line indicating the Limit of Work(L.O.W). One of drawings have the following annotation on it"EXISTING OPENING TO BE CLOSED" with 5 arrows leading from this annotation to the 5 openings that need to be closed. 2 of these openings are outside the L.O.W line. My questions are as follows: 1) As it is a Lumpsum Contract can i deem that the Contractor should have raised this issue during tender for clarification?
2) Which has precedent? the limit of work or the drawing stating the scope of work?

I hope my question is clear enough

Dear Ahmed,

What is the definition of 'Limit of Work'?  Does it define the extent of the Site as defined in the Contract?  In which document is it defined and what is the status of that document in the list stating the priority of the documents?  If there is no definite answer to any of the previous questions, then you have a problem.  

Normally, I would say that the work to close the openings is part of the Contractor's responsibilities and is to be done under the Contract.  I would not bother with asking why the question was not raised during the tender period, not with precedence of the documents, but would get the Contractor to do the work because he respects me and because he knows that he would not lose by doing the work.  Whatever you do, do not get into a fight over something that has relatively little value.  Keep your energy for the important things.  

Construction Law

All Answers

Answers by Expert:

Ask Experts


Peter M. Elliott


First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol before submitting a question.


Value . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest bidder, it's well to add something for the risk you run.
And if you do that, you will have enough to pay for something better.
. . . John Ruskin (1819 - 1900)
"We are too poor to buy something cheap"
.Romanian Proverb 2002
A lean compromise is better than a fat lawsuit. George Herbert (English poet 1593-1633)
I said it in Hebrew, I said it in Dutch,
I said it in German and Greek:
But I wholly forgot (and it vexes me much)
That English is what you speak!" Hunting of the Snark - Lewis Caroll
Match your presentation to the reader!
The joy of food lasts but an hour, of sleep but a day, of a woman, but a month, but the joy of a building lasts a lifetime. Syrian proverb.
Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')

Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation

B Sc(Hons) in Civil Engineering

©2016 All rights reserved.