Construction Law/Variation


Dear Sir

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"

Hi Mr Prem,
Here is answer of your question.
The Client provided some manpower to catch up their schedule and resultantly the work was completed in 10 months. Principally, the Client provided the manpower for his own interest and there was no agreement for the back charging in the Contract .If the Clint has intention for the back charging, he should make it clear before providing the Manpower. Thus, the client has no right to demand for back charging as per Contract term and conditions.
On the same analogy, you should not demand for the additional work as it was beyond your scope. However, If there was some instruction by the Client for the additional work in writing, you are also entitled for payment for  the additional  quantities executed.
The prudent advice is that you should resolve the issue amicably  by give and take or try to resolve  it through a third person—Hope it will help
Engr. Arshad Mahmood

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Arshad Mahmood


I may answer to the questions relating to FIDIC 4th as well as FIDIC 2010 MDB Harmonized version,price adjustment ,Variations,Eot and Cost claims,EPC Contract,Bidding Document,consultancy Contracts,certification,Standard Forms, Dispute resolution; and others pertaining to Contract implementation.


Contract management and Contract Administration, using FIDIC Conditions of 4th Addition as well as Fidic 1999 Red, Yellow and Silver Books including MDB Harmonized Edition 2010. Particularly in the area of Procurement of Contracts, Certification,Price Adjustment, variations,disputes management, EoT and Cost Claims; and other contractual issues arises from time to time during currecy of the Contracts.

Member -Pakistan Engineering Council Member -Pakistan Engineering Congress Member -FIDIC Organisation

Joint Venture and Consortium Agreements for Pakistan Engineering Council,Pakistan

BSc Civil Engineering; Basic Management course; Hydro power Projects; and various other on Job Trainings

Awards and Honors
Commendation Certificate for the excellent management qualities and dedication at Ghazi Barotha Hydropower Project; and Certificate of Excellent work performed during Survey Camp.

Past/Present Clients
Water and Power Development Authority (WAPDA),Associate Consulting Engineer(ACE) and National Engineering services Pakistan(Pvt.) Limited (NESPAK)

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