You are here:

Construction Law/Discrepancy between Contract Value and BOQ


QUESTION: Dear Mr.Majid
Good day

I am working in Qatar as Project QS

Let me go straight away to the question

We have a re measurement  project for Scaffolding services.In the Signed Contract it self,the Schedule of rates/Price list rates only specified against the type of scaffolding but there was no quantities have been stipulated of them and Contract value is 10 million QR

whereas, in RFQ (Request for Quotation) it is mentioned as 13,000 Sqr.m of Cantilever scaffolding as of now the Quantity has been gone away beyond that quantities.

It has been an year elapsed of to date from the commence of the job

We negotiated with client but there are insisting and keep on stating that since the unavailability of the Quantities in the signed contract,we have to adapt with the contract value and the rates till the validity end of contract

So,could you assist on this issue by giving a piece of advice in line with FIDIC?

ANSWER: Dear Prem
Thanks for the question. I will also come straight to the answer.

First of all you have not provided details about the format of the Contract, the period of the Contract or the scheduled Completion date, the total quantity of scaffolding supplied and whether you have already crossed the Contract Amount or not. However I will give you an answer in the way I could understand your issue.

Contractually speaking the RFP is not part of the Contract unless mentioned otherwise in the Contract. The quantity of scaffolding given in the RFP is just an estimate and to arrive at a Contract Price and nothing else. There is a need to know the remedy mentioned in the Contract for exceeding the Contract Price if it is so.

I will request you to provide the details as mentioned above which may change my opinion. For the time being I am afraid my opinion is in favour of the Employer.

I hope this answers your question. However if you have any additional information available or you need any further clarification, then please feel free to ask further.


Abdul Majid Khan    

---------- FOLLOW-UP ----------


Thanks a lot for your prompt answer

Here are the further information

It is a Unit rate based contract with the contract value of 10 million,
which was commenced in Sept 2012 and it has been elapsed an year to date
But,the Contract Quantity has not been stipulated anywhere in the contract
and the quantity has been reached to 50,000 Sqr.m

Our management asking me to discuss this with client that the quantities has been exceeded comparing with the 13,000sqr.m (RFQ),but as you said the RFQ Quantity is not rich factor and it is just a base for the budgetary purposes,to emphasize the client

I beleive the situation does favor the client

Please advice me if there any point to emphasis


In the Signed contract itself,only

ANSWER: Dear Prem

Thanks for the follow up. I am afraid my opinion is still the same. what I will suggest to you is keep yourself cool and then thoroughly go through all the pre-bid and post-bid communications with the Employer which has been made part of the Contract. You may find some useful document which can help you solve your problem.

I will tell you that as the persons who are executing the Contract are generally different than those who were involved in the biding and award process therefore they would not be sympathetic towards you in the absence of any favorable contract clause. To get their sympathies you have to work cordially with them. Your managers may have to get an appointment with them and explain your position regarding the issue. Only by this way you might be able to make them understand that you are losing on this contract. Once you gain their confidence then I think you can at least persuade them not to place further requirement of scaffolding on your firm, or at least reduce it to the minimum possible extent, till the completion of the contract period.

Although I could not suggest any concrete measure to help taking you out of the trouble, yet I understand that under the circumstances this is the most appropriate way to go ahead.


Abdul Majid Khan

---------- FOLLOW-UP ----------


As you advised i have gone through all the correspondence and all pre bid and i have found in the Letter of Intent from client it says that the required quantity is 13 000 Sqrm,but as i mentioned in earlier conversation with u,it has not been stipulated therein the contract itself.

Shall we take this is as an concrete factor to convince the client for the same?

Dear Prem

Thanks for the follow up. I will suggest you to check whether this letter of Intent has been made part of the Contract or not. If yes then you have a valid case and you can try to build your case on this point along with cool and steady negotiations to convince the Client. If not then I am afraid this letter will not help you. I hope this answers your question.


Abdul Majid Khan

Construction Law

All Answers

Answers by Expert:

Ask Experts


Abdul Majid Khan


I am interested in questions related to time Extension, Liquidated Damages,variations, price adjustments,payments, disputes and Dispute Board under FIDIC IV, FIDIC 1999 and FIDIC 2006 Harmonized Documents.


I have been heading the Construction Management Division and Contract Divisions of National Engineering Services Pakistan (PVT) Limited, NESPAK, the largest Consulting Engineering Firm in Pakistan, for more than seven years and two years respectively. I have also worked as "The Engineer" on a number of projects. I have been working in Saudi Arabia for about seven years on a road projects. Additionally I worked as Arbitrator and am member of few Dispute Boards in individual capacity on Asian Development Bank funded projects.

Inland and in Middle East. I have worked with National Engineering Services Pakistan (Pvt) Limited (NESPAK)as my Employer for more than 27 years in Pakistan. In Saudi Arabia I worked for Rashid Engineering, Consulting Engineers during 80s. After retirement I provided advisory services to NESPAK on technical and contractual matters to its various divisions and lately I was appointed as Advisor to Managing Director NESPAK on Technical and Contractual matters. Currently I work as Free Lance Contract Specialist on Fidic Form of Contracts.

I am a graduate with a B.E (Civil Engineering) degree. My year of graduation is 1970.

Awards and Honors
A few appreciation Letters and Honorariums during my service in NESPAK. I remained member of Administrative Committee and Board of Management of NESPAK. I had been part of the Management Committee in the absence of Managing Director.

Past/Present Clients
Most of the Clients used to be Government Departments, Corporations and Authorities. In Saudi Arabia the Client was Ministry of Communications. As Arbitrator and Dispute Board (DB) member, I provide services to various Government Departments and Contractors.

©2016 All rights reserved.