Construction Law/Omission work

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Question
Hello Alina,
I'm a Contract Administrator in a Contractor in Vietnam. My Project use FIDIC red book version 1999 and type of contract is lump sump contract.
I have some query, can you help me to sold them ?
1,We have some item just only have in BoQ but it not mentioned in contract drawing. can you advise me the way to get the value of this item.
2,It has some item which are have some changes between contract drawing and construction drawing. But the Engineer just request us do it and without any Site Instruction or Engineer Instruction. Can we get the value of these items as Contract Value.
I wish i can receive your help.

Thank you and Best regards,

Answer
Hello, Duy,
1. You should demonstrate that those items in the BoQ are to be done, and by error they were not included in the Drawings. Then you should do them, to get the money on them. A written confirmation from the Engineer and/or Employer that they are needed would be even better.
2. You should ask in writing the confirmation of the verbal instruction. Any writen record of such a (verbal) instruction is useful. Then the varied/modified works are to be valuated as per the clause 12.
Hope my answer helps you.
Best regards,
Alina

Construction Law

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Alina Valentina Oprea

Expertise

I can answer to questions regarding FIDIC 1999 contracts, including practical use of these conditions of contract, as well as to questions regarding dispute boards, both from theoretical and practical point of view. I cannot answer to questions related to other kind of contracts or to procurement process, except to some (limited) extent.

Experience

Implementation of works contracts (FIDIC 1999) financed by different financial institutions, including European Union; claims and disputes; dispute boards See more on www.alinaoprea.com

Organizations
Dispute Resolution Board Foundation

Publications
see http://alinaoprea.com/publications/ ; DRBF Forum Newsletter; Drumuri si Poduri; Revista Constructiilor; SIDiR Newsletter

Education/Credentials
Graduated the University of Civil Engineering Bucharest, Faculty of Railways, Roads and Bridges (1985-1990); Trained under Mr. Gwyn Owen’s pupilage program for arbitrators/adjudicators under FIDIC mentoring program (2006 – 2007)

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