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Construction Law/Re-Measurable Contract

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Question
In a Remeasurable Contract, If an item is not measured in Bills of Quantities but shown in the drawing, How do you treat this. Whether the contractor can claim as a variation?

Answer
Good Day Muralidaran,

In a remeasurable contract, the drawings take precedence over the Bill of Quantities for executing the works. The purpose of the Bill of Quantities is for pricing the job, tendering and for administering payments according to the value of works contained therein. The Contractor is obligated to build what is indicated on the drawings and in accordance to specifications provided. If an item is not shown in the Bill of Quantities but shown on the drawings, the Contractor is obligated to carry out the works in accordance with the rates in the Bills of Quantities for similar type work. If in the contract there is no work similar in nature to these said works, then the Engineer/ Contract administrator is obligated to pay market rates to the Contractor for these works, which is considered fair and reasonable and to the present standard within the industry. The Engineer/ Contract Administrator should also issue a "variation" to the Contractor for these works. Even though these works automatically become part of his contract,initially  it did not form part of the "contract sum" and has to be treated as an addition to the Contract. Remember variations are "additions" and "omissions"to the contract sum.

I hope this answers your question. and best of luck Muralidaran on your project.


Best Regards

Kermit Dick  

Construction Law

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kermit dick

Expertise

All questions pertaining to Construction Law isses, ie, Claims EOT Loss of Profit Variations Damages ADR Delays and disruption Professional Negligence

Experience

Certified Arbitrator/ Mediator & Senior Quantity Surveyor Contract manager for Major Construction Firm From 2008 - 2010 Quantity Surveyor for over 16 years dealing with all issues of construction disputes, claims and general contract administration.

Organizations
Member of CIArb Member of ISTT (Institute of Surveyors of Trinidad & Tobago)

Publications
Thesis for Robert Gordon University re: "Professional Negligence in the Construction Industry[20,000 words]" Report for Deakin University "Failures in Slipform Construction [10,000 words]"

Education/Credentials
LLM in COnstruction Law & Arbitration (Robert Gordon Institute 2010) Graduate Diploma in Quantity Surveying (Deakin University Australia - 2007) Civil Engineering Technician Diploma (John D Institute Trinidad 1995) General Draghting Diploma (S'fdo Tech Inst. Trinidad 1984)

Awards and Honors
Distinction in Quantity Surveying via Deakin University (Graduate diploma in Quatity Surveying)

Past/Present Clients
VINCI COnstruction Grans Projets Kee Channona Limited (Trinidad & Tobago) NH International (Caribbean Limited)

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