Construction Law/BOQ and Preamables

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Question
Dear Jonathan,

I have a case in Lump Sum road project following fidic 1987 reprinted in 1992 fourth edition I have item in the BOQ regarding services investigation and that items includes different lengths and depths for trail trenches to investigate the underground services now I have the below questions:

1) In the BoQ this is forming a part and the items under this part (Services Investigation) there are bunch of items classifying the trail trenches according to the lengths and depths the question shall we have the right to deal with each item under this part individually as independent item or as long as it is a lump sum the whole part in the Boq will be forming a unity as one item without breaking it down?

2) it is mentioned in the premeables that the trail trenches will be measured according to the No. of trenches executed as per the engineer approval and selection.....the contractor is claiming fo a complete and full amount of the whole part of the services investigation as long as it is a L.S does he have right?or we can pay for whatever done on site only?as I mentioned they are many items under one part in the BoQ

3) Can the employer issue an omission for the rest of pits which were not done because the project did not need them (the total pits are 120 ones while the total excavated pits are 15 ones only)?

Thanks in Advance

Answer
Dear M.Dzaie,


Assuming nothing is written under the Particular Conditions.

01. You need to be paid based on the accomplished work individually (lengths and depths)at a particular rate stated in the BOQ.

02. Same as no.01 above, the Contractor shall be paid only for works done/accomplished. Should there be any differences or items not to be executed, the Contractor has the right to claim provided he can substantiate such claim.

03. Yes the Employer can omit any part of the works (as long as nothing is written in the Contract) and the Contractor has the right to submit his claim due to such omission to compensate for the lost.

I hope the above helps.


Regards,

Jonathan L. Peralta

Construction Law

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Jonathan L. Peralta

Expertise

Questions relating to construction claims, Extension of Time, Variations, Interim Payment and delay analysis under FIDIC Form of Contracts.

Experience

Experience in the following sectors: buildings, residential, infrastructure, civil and marine works. Have worked for different international contractors in Myanmar, Vietnam and the Philippines.

Organizations
AACEI, U.S.A., Dispute Resolution Board Foundation,U.S.A., ASCE, U.S.A., PICE,Philippines

Education/Credentials
Bachelor of Science in Civil Engineering, Registered Civil Engineer in the Philippines

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