Construction Law/DAY WORKS SHEETS

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Expert: - 2/10/2012


Question
Hi Mr. Peter,

How are you?. I am working as a quantity surveyor in a construction company. I have the following query related to day works sheets

The engineer has instructed us to carry out an additional work on the basis of day works. We have carried out the works and submitted the cost on the basis of signed day works sheets. The engineer while assessing it has substantially reduced the cost. The reason for doing so, according to the engineer, is that the recorded number of labor is more than those shown on the submitted daily construction reports

My query is that whether the engineer has the right to modify/reduce the number/hours even though it differ from the daily construction reports. For me while signing the day works sheets, the recorded numbers and hours are binding for each party.

Your valued response would be much appreciated . If my stand is correct, please provide some guidelines on that I could respond to the engineer for his necessary action

Best Regards,

EDWIN

Answer
Dear Edwin,

It appears that some one has been telling porky pies.  You should ensure that all your records are consistent.  The Engineer has a duty to check any information that is used to support payments, so he is doing his job.  Of course the Engineer should have taken the trouble to check the actual resources used on the dayworks jobs before signing the sheets, but perhaps he was too trusting.  Now, you have the problem of explaining the discrepancies between the reports.  I regret that I cannot be more helpful.  Perhaps both parties will be more careful and accurate in future.  

Construction Law

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Peter M. Elliott

Expertise

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 www.eotprotocol.com before submitting a question.

Experience

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')

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

Education/Credentials
B Sc(Hons) in Civil Engineering

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