Construction Law/How can claim FOC duct seperately?
Dear Mr.Sanjay Khandelwal
We are working on a sewerage project in Oman as a contractor. Conditions of Contract is Standard Documents for Building and Civil Engineering Works (1981).
My question is, In BOQ we have an item for
1) laying of FOC duct in same sewer pipe trench (simply we kept in the same sewer trench)
2) laying of FOC duct in separate trench. (We done excavation for FOC duct only).
3) Laying of FOC duct by auger boring (NDRC/Micro-tunnel)
My issue is, some location our sewer line done by micro-tunneling methodology (Dia of sewer pipe 200mm). We cant do 200mm dia micro-tunneling for the safety purpose. So we did 1000mm dia micro-tunneling and installed 200mm dia sewer pipe as well as FOC duct (2Nos of 110mm dia) also in the same 1000mm dia pipe as instructed by the Engineer. After completion, we claimed 200mm dia sewer micro-tunneling BOQ item and 2times of laying of FOC duct by auger boring BOQ item (mentioned item of 3). But consultant refused to give item 3 and they ready to pay as a item 1.
Please advise, how can I succeed to get item 3? Is there any same case?
The matter is very clear that, you have done the work as per specifications and for laying FOC duct and sewer line as per item of 3, for the ease and safety aspect you have done micro tunneling for both activity of dia 1000mm in lieu of executing separately for each activity.The item of 3 was executed combined with laying of sewer line with micro tunelling.The payment will be claimed and has to be paid as per item of 3 not as per item of 1 .
I hope this will help to you.
With best regards