Construction Law/Lump Sum Contract


We are using the FIDIC Yellow Book. Our contract is a Lump Sum Contract. There was an item in the contract for us to supply an equipment. We have proposed a substitution by providing a newer equipment and it is faster and save the client more space because it is smaller. Now client wanted us to submit cost for this change. We do not want to supply them the cost as when want to stick to the contract that it is lump Sum and that when it was approved more than a year ago, they did not inform us that they want to remeasure the work and we have no staff to do measurement. We just do not when to open the gate for re-measurement. Are we right?

Dear Wong,

Thank you for your question.

If that item has been accepted long time ago and they never raised the question of changing the price, they should not do it now, providing the newer one fulfills all requirement of the original item.

Your contract says you should deliver an item that fulfills certain requirement and you are to be paid a certain price for it.

Hope that helps.

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Questions related to Civil Engineering Contracts, using FIDIC or other Conditions of Contract, concerning Procurement procedures and documents (pre-qualification, tendering and contracting) and Services/ Works Contracts implementation matters including Determinations, Payments, Time Extensions, VOs, Claims/Disputes. Additionally, questions related to dealing with International Financing Institutions. Can also answer questions in Romanian. Can not answer improperly formulated questions.


Over 20 years of experience in the field of design, works supervision, construction, management of aid funds and technical assistance for various types of contracts implementation, including severe conflictual contractual situations leading to Claims and disputes. Claims/ Contract management, Disputes adjudication, Arbitration.

Member of Romanian Professional Association of Roads and Bridges; Listed on President's List of Adjudicators of Romanian Association of Consulting Engineers Former member of the Disputes Resolution Board Foundation (DRBF) of United States – nominee on DRBF President’s Disputes Board Members List and of DRBF Chapter for Eastern Europe Former member of Polish Association of Consulting Engineers (SIDiR) – nominee on SIDiR President’s Disputes Board Members National List Member of “” volunteers pool Member of the "Constructions Disputes Resolution Services” International Panel of Construction ADR Specialists" of United States

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