Construction Law/Work omission
I'm working as a Quantity Surveyor for the Engineer to a Contract under the Yellow Book (1999). According to this Contract the Contractor has to construct a road to a length of 30 km. After the signing of the Contract and for some reasons, 3 km don't need to be constructed because they were already constructed by a local contractor on behalf of the responsible municipality, where this section is being. Is this issue being included with the case which a Variation shall not comprise the omission of any work which is to be carried out by others, as exactly being described in Sub-Clause 13.1 of the Yellow Book. And if this happens, must become a deduction of the Contract amount and with which way ?
Dear Konstantinos S,
3 km of Work shall be an ommision variation to the Contract scope as you described. The variation shall be prepared based on BOQ. Engineer shall issue a variation order and request for the calculation of ommision amount based on BOQ. Contractor shall prepare the variation and Engineer shall approve accordingly.