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Construction Law/items of work not in the BOQ

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Rezk wrote at 2016-09-04 11:35:06
Dear Jonathan,



As you refer to Sub-Clause 4.11 as basis of the Engineer to argue and bring his defense against claim from Contractor, but I just noted that the last paragraph explicitly stating that:



"Unless otherwise stated in the Contract, the Accepted Contract Amount covers all the Contractor’s obligations under the Contract (including those under Provisional Sums, if any) and all things necessary for the proper execution and completion of the Works and the remedying of any defects."



So, the first sentence kills the discussion as it clearly stating "Unless otherwise stated in the Contract". And by the fact that it is stated in the LOA item 6 gives the Contractor the right to claim for any items (not only BMS) not included in the BOQ; then the net result that Sub-Clause 4.11 shall not be of significance to the Engineer to argue of his rejection to the Contractor claim.



Best regards,



Rezk Girgis


Construction Law

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Jonathan L. Peralta

Expertise

Questions relating to construction claims, Extension of Time, Variations, Interim Payment and delay analysis under FIDIC Form of Contracts.

Experience

Experience in the following sectors: buildings, residential, infrastructure, civil and marine works. Have worked for different international contractors in Myanmar, Vietnam and the Philippines.

Organizations
AACEI, U.S.A., Dispute Resolution Board Foundation,U.S.A., ASCE, U.S.A., PICE,Philippines

Education/Credentials
Bachelor of Science in Civil Engineering, Registered Civil Engineer in the Philippines

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