Construction Law/Variation


Dear Mr Sivaraman

Good day

I am working as a project QS in Qatar
We have a Unit rate Contract (Scaffolding Services)with our client.
In the BOQ itself, for the particular Location the set out quantity is 12000 Sqrm(cantilever scaffolding) with the duration of 12 months and we have completed the same quantity within 10 months during this period our client has provided some manpower to engage in dismantling for about 2 months to catch up their schedule.right now client is insisting that they want to back charge us for the manpower has been enforced for the dismantling job but there is no correspondence/agreement in place for the back charging in addition to that todate, we have erected 3000 sqr m in addition within one year.

Could you please advice on the back charging issue and the charging for the additional work done

Mr Prem,
There are two issues in this case.

The client can engage his manpower to dismantle / re-erect the scaffolding ONLY when the contractor does not respond for any written request / instruction from client / PMC. if client is autocratically engaging some workers to dismantle the scaffolding, it is only for his convenience or may be he wanted to release work front to some other agency. in that case, client becomes responsible for any damage caused to the scaffolding material during handling by his workers. As you have mentioned there is no correspondence regarding back charging, the client CANNOT back charge at his will unless he proves default by contractor even after repeated instructions / notices.

you say you have done 3000 sqm of additional scaffolding during the year. There must be some direction / correspondence from client / PMC to do so. That correspondence forms the trigger for this variation. if contract does not allow for any escalation within one year, you may claim for the additional quantity at the existing contract rate. Or contract may some times call for a band width (ie a quantity variation of +/- 20% have to be done at the same contract rate) In that case also, you may claim a new rate for the quantity exceeding 20% bandwidth.

Hope this clarifies.
r sivaraman  

Construction Law

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