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Construction Law/Prinicples of Measurement

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Question
Hello John,
We are working under FIDIC 1999.
If an item is required to be done in the contract under specifications but it is mentioned to be measured separately in Principles of Measurement what will prevail?
Our Contract gives no reference to POMI.
Clause 12.2 says "except as otherwise stated in the Contract and notwithstanding local practice"  the method of measurement shall be in accordance with the Bill of Quantities or other applicable schedules.
Kindly advice.
Thanks
Abdul

Answer
Dear Abdul Moid,

Thank you for this question.

If POMI is not stated as being the method of measurement in your contract the measurement rules of the POMI document cannot be superimposed without the agreement of both Parties.

If the specification requires work to be done, in your case the question of whether a separate payment item is needed will require a consideration of the Bill of Quantities applicable to the project.

If you can provide further details, for example a copy of the BoQ and details of the matter in issue, I will be happy to review the question again.



I hope that this assists you.

Kind regards,
John Dowse

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John Dowse

Expertise

Legal; contract interpretation; quantum; delay analysis. Practitioner in arbitration, adjudication and mediation.

Experience

Thirty-three (33) years experience in building and construction, at all levels both within contracting and consulting organisations. Practising arbitrator, adjudicator, and mediator. Faculty approved trainer for the Chartered Institute of Arbitrators. Lecturer on construction contract forms and dispute resolution practices.

Organizations
Chartered Institution of Civil Engineering Surveyors Chartered Institute of Arbitrators Institute of Directors Society of Construction Arbitrators

Publications
Various UK and International construction and legal publications.

Education/Credentials
LLB (Hons), Pg Dip (Legal Practice), MCInstCES MCIArb MIOD Barrister

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